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HEX Agenda 10/14/2021Collier County Hearing Examiner Page 1 Printed 10/7/2021 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 October 14, 2021 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. October 2021 Collier County Hearing Examiner Page 2 Printed 10/7/2021 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. *** NOTE: This item has been Continued from the September 23, 2021 HEX Meeting *** PETITION NO. PE - PL20210000596 - 2831 Becca Avenue Parking Exemption - Request for modification to condition of approval #6 of Hearing Examiner Decision #2019-38 which limited operation to no more than six days a week to allow operation on Mondays as part of the parking exemption for an off-site parking lot consisting of 62 spaces serving the Celebration Food Truck Park site pursuant to Land Development Code Section 4.05.02.K. The site that is subject to the parking exemption is in the RMF-6-BMUD-R1 zoning district and is located at 2831 Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager] Commission District 4. B. PETITION NO. PDI-PL20210000868 - Tree Farm Mixed-Use Planned Unit Development - Request for an insubstantial change to the Tree Farm Mixed-Use Planned Unit Development (MPUD) by requesting deviations from LDC Section 5.06.04.G.2.a which limits off-premises directional signs to 12 square feet in area to instead allow an off premises directional sign with up to 50 square feet of sign area and to Sections 5.06.04.G.2.c and 5.06.04.G.3 which requires off-premises directional signs to be located a minimum of 10 feet to a property line and a minimum of 50 feet to the adjacent residential zoning district, respectfully, to instead allow an off-premises directional sign to have a zero foot setback to the residential tract to the north for the benefit of the Tree Farm Apartments. The subject MPUD is 58.84± acres located in the northwest quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 C. PETITION NO. PCUD-PL20210000661 -White Lake Corporate Park - Request for approval of a Comparable Use Determination whether the proposed use of fire station and ancillary administrative office, training facility with tower, warehousing, and fleet storage is comparable in nature with the permitted uses in Section 3.2.A, White Lake Corporate Park Planned Unit Development (PUD), Ordinance 01-59, as amended, within Tract “I”, White Lake Corporate Park PUD, located north of White Lake Boulevard and east of Shaw Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 4. Other Business 5. Public Comments 6. Adjourn 10/14/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: *** NOTE: This item has been Continued from the September 23, 2021 HEX Meeting *** PETITION NO. PE - PL20210000596 - 2831 Becca Avenue Parking Exemption - Request for modification to condition of approval #6 of Hearing Examiner Decision #2019-38 which limited operation to no more than six days a week to allow operation on Mondays as part of the parking exemption for an off-site parking lot consisting of 62 spaces serving the Celebration Food Truck Park site pursuant to Land Development Code Section 4.05.02.K. The site that is subject to the parking exemption is in the RMF-6-BMUD-R1 zoning district and is located at 2831 Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Ray Bellows, AICP, Zoning Manager] Commission District 4. Meeting Date: 10/14/2021 Prepared by: Title: – Zoning Name: Laura DeJohn 09/07/2021 6:38 PM Submitted by: Title: – Zoning Name: Mike Bosi 09/07/2021 6:38 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 09/07/2021 6:55 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/07/2021 7:15 PM Zoning Diane Lynch Review Item Skipped 09/07/2021 7:17 PM Zoning Ray Bellows Review Item Completed 09/08/2021 9:19 AM Zoning Mike Bosi Zoning Director Review Completed 09/08/2021 9:39 AM Hearing Examiner Andrew Dickman Meeting Pending 10/14/2021 9:00 AM 3.A Packet Pg. 3 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 1 of 7 Revised: September 7, 2021 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 23, 2021 SUBJECT: PE-PL20210000596 PARKING EXEMPTION; 2831 BECCA AVENUE OFF-SITE PARKING LOT ______________________________________________________________________________ PROPERTY OWNERS/APPLICANT/AGENT: Owner/Applicant: Agent: Bayshore Redevelopment Group LLC & Naples 2.0, LLC Rebecca Maddox, Manager 1350 Jewel Box Ave. Naples, FL 34102 Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The applicant requests that the Hearing Examiner consider modification to condition of approval #6 of Hearing Examiner Decision Number 2019-38 which limited operation to no more than six days a week to allow operation on Mondays as part of the Parking Exemption for an off-site parking lot consisting of 62 spaces serving the Celebration Park Food Truck Park site pursuant to Land Development Code Section 4.05.02.K. The site that is subject to the Parking Exemption is in the Residential Multifamily-6 District within the Residential Subdistrict 1 of the Bayshore Mixed Use Overlay (RMF-6-BMUD-R1) Zoning District. GEOGRAPHIC LOCATION: The parking lot is located at 2831 Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida. The legal description is Lots 45-50 of the Rebecca Weeks Subdivision. The parcel is 0.93 acres and is located at the northwest corner of Bayshore Drive and Becca Avenue, across Becca Avenue from the commercially designated Celebration Food Truck Park (see location map, page 2). 3.A.a Packet Pg. 4 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 2 of 7 Revised: September 7, 2021 3.A.aPacket Pg. 5Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 3 of 7 Revised: September 7, 2021 PURPOSE/DESCRIPTION OF PROJECT: The subject site is zoned RMF-6-BMUD-R1 and is developed with an off-site parking lot, permitted by the approval of a Parking Exemption by HEX Decision 2019-38. The off-site parking lot supports the Celebration Food Truck Park. The Food Truck Park was constructed under an approved Site Development Plan PL20170000252. The parking lot was constructed to support the required parking at the Food Truck Park, as detailed in the petitioner’s narrative, provided below: The Parking Exemption granted for the subject site (HEX Decision 2019-38 [PL201800033220]) included 17 conditions of approval. The condition relevant to the current request is Condition 6, which states: 6. Hours of operations shall be between 9:30 AM to 10:30 PM, no more than six days a week and will remain closed on Mondays. The petitioner’s current Parking Exemption request is to remove the Monday restriction so that the off-site parking lot, and therefore the Food Truck Park, may operate on Mondays. The parking lot is north and across Becca Avenue from the Food Truck Park site. The approved Parking Exemption allows 62 parking spaces to fulfill the requirements applicable to the Food 3.A.a Packet Pg. 6 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 4 of 7 Revised: September 7, 2021 Truck Park operation. Access to the proposed parking lot is from Becca Avenue just west of the Food Truck Park site. No changes are proposed to the previously approved number of parking spaces, circulation, access, buffers, screening and wall. SURROUNDING LAND USE AND ZONING: North: Single-family residential, zoned RMF-6-BMUD-R1 South: Commercial Food Truck Park, zoned C-4-BMUD-NC & Single-family residential, zoned RMF-6-BMUD- R1 with Accessory Parking Zone Overlay East: Bayshore Drive and vacant site zoned C-4-BMUD-NC with approved Alcoholic Beverage Waiver in proximity to two churches (HEX Decision 2021-12) West: Single-family residential, zoned RMF-6-BMUD-R1 ANALYSIS: Transportation Review: Transportation Planning Staff have reviewed the currently proposed Parking Exemption Request and found that the proposed exemption is consistent with the transportation elements of the GMP. Further, this request, to allow the parking facility to operate on Monday, does not alter the findings for the previous parking exemption because there are no additional PM peak hour trips proposed for this facility. Zoning Review: In accordance with Section 4.05.02.K.3.a(2) of the LDC, an applicant may seek a parking exemption when off-site parking is requested for land not zoned for commercial use. The Zoning Division has completed a review of parking exemption criteria from Section 4.05.02.K.3.b of the LDC for consideration by the Hearing Examiner for a potential determination, and responses to each criterion is below: (1) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. The calculation provided by the petitioner (see page 3 of this report) indicates 74 parking spaces are required and 75 spaces are provided, including the 62 spaces on the subject property. No changes are proposed to the amount of parking provided through this petition. This Parking Exemption request is to remove the restriction from operating on Mondays as conditioned in the HEX Final Decision 2019-38 (Condition #6). 3.A.a Packet Pg. 7 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 5 of 7 Revised: September 7, 2021 (2) The distance of the farthest parking space from the facility to be served. There are no proposed changes to location of off-site parking. The farthest parking space from the lot to the Food Truck park entry walk is approximately 320 feet. Through the granting of the Parking Exemption by HEX Decision 2019-38, it was determined that the maximum distance from the Food Truck park to the farthest parking space is reasonable. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. The parking exemption area is not separated by a collector or arterial roadway. Pedestrians cross a local road (Becca Avenue) to utilize the off-site parking lot. The applicant has provided a marked crosswalk at Becca Avenue and Bayshore Drive. (4) Pedestrian and vehicular safety. Based on the existing design and operation of the parking area, no pedestrian and vehicular safety issues have been raised. (5) The character and quality of the neighborhood and the future development of surrounding properties. The operation of the Food Truck Park and the off-site parking that is subject of this petition have a record of Code Enforcement activity. See Attachment D for a summary of the cases. Since 2018, a total of 24 cases have been entered: 18 cases associated with Celebration Food Truck Park and 6 cases associated with the Becca Avenue Parking Lot (one of which was withdrawn as a duplicate complaint subject to ongoing compliance efforts). Of the 18 cases associated with Celebration Food Truck Park, nine related to noise, including monthly complaints from March 2021 to July 2021. Others related to blocking handicap parking space or fire lane, greater number than the allowed eight food trucks, operating a golf cart on the street, and docking of boats overnight. After being found guilty for noise violation by the Special Magistrate on April 2, 2021, Code Enforcement staff reported sound level readings taken in April, May, June and July in the high 60 to low 70 decibel levels, not exceeding the sound level limit of 72 dB(C) before 10:00 PM, so no violation was found. Of the five cases associated with the Becca Avenue Parking Lot, three related to operation of the parking lot on Mondays; the most recent was filed in February 2021. Upon a finding of guilty at the March 25, 2021 Code Enforcement Board Hearing, Monday use of the parking lot was required to cease, and the subject petition has been filed to comply with obtaining required approval to operating the parking lot on Mondays. The frequency of complaints in recent years and months indicates the Food Truck Park and parking lot have an impact on the character and quality of the residences in the neighborhood. The amplified outdoor noise levels have been the most frequently identified issue by surrounding residents, with four complaints filed after the guilty finding in April, and each of the sound level readings for these complaints have been within a few decibels of the maximum allowable level. 3.A.a Packet Pg. 8 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 6 of 7 Revised: September 7, 2021 The additional day of operation on Monday has potential to cause an additional day of noise associated with the Food Truck Park each week. Per the County Code of Laws, multiple findings of noise violations will lead to enforcement action restricting any amplified sound at the Food Truck Park. (6) Potential parking problems for neighboring properties. Condition 15 of HEX Decision 2019-38 requires that the applicant shall provide regular patrolling of the parking exemption area, no less than hourly, but additionally if needed to control loitering. This condition to patrol the parking area should be expanded to assure patro ns of the Food Truck Park are using the designated, approved parking spaces and not parking on neighboring properties or Rights of Way. If patrolling is effective, the proposed parking exemption to remove the Monday operation restriction should not present potential parking problems for neighboring residential properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. There are no proposed changes to the existing internal traffic flow required to leave the site and reach the existing off-site parking. (8) Whether vehicular access shall be from or onto residential streets. There are no proposed changes to vehicular access, which is along Becca Avenue. Becca Avenue transitions to a residential street going west from the subject site. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. There are no proposed changes to buffers. Section 5.03.02.H.1 of the LDC is applicable, requiring a wall or fence for the commercial use abutting and adjacent to residential property. A 15-foot Type B buffer and wall is constructed adjacent to the residential properties to the west and north. (10) Whether the off-site parking area will be used for valet parking. Valet parking is not proposed. (11) Whether the off-site parking area will be used for employee parking. Per Condition 4 of the approved Parking Exemption applicable to this site (HEX Decision 2019 - 38), the parking lot is for use only by customers, employees of the Celebration Park Naples or vendor employees. (12) Whether there are more viable alternatives available. Using the existing off-site parking area in order to operate on Mondays is the most viable option. 3.A.a Packet Pg. 9 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 7 of 7 Revised: September 7, 2021 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on July 27, 2021 at 5:30 PM, at St. Peter the Apostle Catholic Church at 5130 Rattlesnake Hammock Road, Naples, Florida 34113. Two attendees who live near the parking lot voiced concern with ongoing noise generated by the Food Truck Park amplified music. The meeting was approximately 20 minutes, and no commitments were made during the meeting. The NIM summary is included in the applicant’s backup materials (Attachment E). PUBLIC NOTICE: The agent submitted an affidavit of compliance that the required letter was sent to property owners within 150 feet of the subject site on June 30, 2021 as required by Section 1.03.06 of the LDC. Mailed notice was completed by Collier County to property owners within 500 feet of the site and a newspaper ad was published in the Naples Daily News at least 15 days prior to the Hearing Examiner hearing. Signs were also posted on the property 15 days prior to the Hearing Examiner hearing. RECOMMENDATION: Zoning Division staff recommends the Hearing Examiner approve petition PE-PL20210000596 with the adjustments to conditions of approval from Hearing Examiner Decision Number 2019-38 listed in strikethrough/underline format in Attachment A. Attachments: A) Recommended List of Conditions B) HEX Decision 2019-38 (Parking Exemption) C) HEX Decision 2021-12 (Food and Wine Venue Alcoholic Beverage Waiver) D) Summary of Code Enforcement Cases E) Applicant’s Backup Material 3.A.a Packet Pg. 10 Attachment: 09-07-21 - Staff Report Becca Ave PE (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) ATTACHMENT A Recommended List of Conditions CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Improvements shall be consistent with the attached conceptual plan of the parking exemption area (Exhibit A) and landscaping plans (Exhibit B). 3. Only paved surface parking is permitted. No parking structures are allowed within the parking exemption area. 4. For use only by customers, employees of the Celebration Park Naples or vendor employees. 5. No vendor operations or special events are allowed in the parking exemption area. 6. Hours of operation shall be between 9:30 AM to 10:30 PM, no more than six days a week and will remain closed on Mondays. 7. Lighting to be bollard style no higher than forty-eight inches except for pole lighting adjacent (within ten feet) of any right-of-way not to exceed ten feet in height. All lighting to be Dark Sky compliant, shielded and not to exceed 0.2 foot-candles at residential property lines. Lighting to be restricted to evening hours of operation. 8. A finished (stucco and paint or equivalent) eight-foot masonry wall, a minimum of ten- foot from the property line, shall be installed along the north and west property lines common with residential properties. Wall height shall be measured from average design height of finished drive isle centerline. 9. A type B buffer as enhanced with trees spaced twenty-foot on center as shown on landscape plan will be installed along the west and north property lines. 10. The finished eight-foot masonry wall and landscaping on the residential side of the wall, shall be completed by the end of December 2019 along the west and north property lines. 11. No dumpster or trash containers will be allowed within the parking lot with the exception of trash receptacles that are to be emptied daily. 12. No loading or unloading allowed from the parking exemption area. 13. The parking exemption area will have a controlled restricted access point that will be opened and closed consistent with the allowed hours of operation of the parking area. 14. Signage will be installed directing customers to the sidewalk connection along Bayshore Drive for use of the Becca A venue crossing. 15. The applicant shall provide regular patrolling of the parking exemption area, no less than hourly, but additionally if needed to control loitering and to direct patrons of the Food Truck Park to use the designated parking spaces and boat tie ups and not park vehicles or tie up boats on neighboring properties or Rights of Way. Video cameras will be installed to monitor the parking lot and shall be directed away from the abutting residential areas. 16. The dry detention area shall be curbed with a type D curb or equivalent. 17. The pedestrian crossing at Becca A venue and Bayshore Drive shall utilize high visibility striping. 3.A.b Packet Pg. 11 Attachment: ATTACHMENT A - Recommended List of Conditions (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.c Packet Pg. 12 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.c Packet Pg. 13 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.c Packet Pg. 14 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.c Packet Pg. 15 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.c Packet Pg. 16 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) BECCA AVENUE (PUBLIC)BAYSHORE DRIVE (PUBLIC)DRY DETENTIONZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALZONED: C4 - BMUD - NCCURRENT USE: COMMERCIALZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIAL ZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALZONED: RMF - 6 - BMUD - R1CURRENT USE: RESIDENTIALGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380030'15'11x17 SCALE: 1" = 30'PARKING CALCULATIONS - IN ACCORDANCE WITH SDP (A)PARKING SPACES ON PARKING LOT PARCEL = 62CONCEPTUAL INTERNALDIRECTIONAL SIGNAGEExhibit "A"3.A.cPacket Pg. 17Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) BAYSHORE FOOD TRUCK PARK - PARKING LOT - HEX EXHIBITS 08.27.19 THIS DRAWING IS THE EXCLUSIVE PROPERTY, DESIGN, AND CREATION OF eMERGE Design LLC AND SHALL NOT BE REPRODUCED IN WHOLE, OR IN PART, WITHOUT THE PREVIOUS, EXPRESSED WRITTEN CONSENT OF eMERGE Design LLC © 2019MERGEELANDSCAPE ARCHITECTURE | PLANNINGLLCdesigndesignCANOPY TREES TO BE SPACED 20’ O.C. IN TYPE ‘B’ BUFFERSCONCEPTUAL LANDSCAPE PLANExhibit "B" - Page 1 of 33.A.cPacket Pg. 18Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) BAYSHORE FOOD TRUCK PARK - PARKING LOT - HEX EXHIBITS 08.27.19 THIS DRAWING IS THE EXCLUSIVE PROPERTY, DESIGN, AND CREATION OF eMERGE Design LLC AND SHALL NOT BE REPRODUCED IN WHOLE, OR IN PART, WITHOUT THE PREVIOUS, EXPRESSED WRITTEN CONSENT OF eMERGE Design LLC © 2019MERGEELANDSCAPE ARCHITECTURE | PLANNINGLLCdesigndesignCONCEPTUAL LANDSCAPE LIST/SECTIONSExhibit "B" - Page 2 of 33.A.cPacket Pg. 19Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) BAYSHORE FOOD TRUCK PARK - PARKING LOT - HEX EXHIBITS 08.27.19 THIS DRAWING IS THE EXCLUSIVE PROPERTY, DESIGN, AND CREATION OF eMERGE Design LLC AND SHALL NOT BE REPRODUCED IN WHOLE, OR IN PART, WITHOUT THE PREVIOUS, EXPRESSED WRITTEN CONSENT OF eMERGE Design LLC © 2019MERGEELANDSCAPE ARCHITECTURE | PLANNINGLLCdesigndesignCONCEPTUAL LANDSCAPE SECTIONSExhibit "B" - Page 3 of 33.A.cPacket Pg. 20Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Exhibit "C" 3.A.c Packet Pg. 21 Attachment: ATTACHMENT B - HEX Decision 2019-38 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 22 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 23 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 24 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 25 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 26 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 27 Attachment: ATTACHMENT B1 - 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8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 44 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 45 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 46 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 47 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 48 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 49 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 50 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 51 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 52 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 53 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 54 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 55 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 56 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 57 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.d Packet Pg. 58 Attachment: ATTACHMENT B1 - 8-22-19 HEX Meeting Minutes (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Page 1 of 5 HEX NO. 2021-12 HEARING EXAMINER DECISION DATE OF HEARING. February 25, 2021 PETITION. PETITION NO. PL202000001934 ABW - Bayshore Wine and Food Venue-The applicant requests that the Hearing Examiner consider a minimum distance waiver pursuant to Section 5.05.01.A.6. of the Land Development Code for an establishment to be known as the Bayshore Wine and Food Venue that seeks to sell alcohol for consumption on-site with a minimum separation distance of less than 500 feet from an existing establishment whose primary function is the sale of alcoholic beverages for consumption on -site and two churches. GENERAL PURPOSE FOR THE PETITION. Request to waive the required minimum separation distance of 500 feet from churches (houses of worship) and waive the required minimum separation distance of 500 feet from establishments that sell alcohol for on-site consumption and derive less than fifty-one percent of its sales from food items for the proposed Bayshore Wine and Food Venue. The existing establishments within 500 feet are: ESTABLISHMENT LOCATION DISTANCE Celebration Food Truck Park Unit 12105 100.3 feet Revelation Church of Jesus Christ of the Apostolic 2740 Bayshore Drive 311.7 feet Iglesio del Evangelio de Cristo 2727 Bayshore Drive 281.5 feet STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Art. III, Div. 3 of the Collier County of Ordinances, Section 5.05.01.A.6. of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3.A.e Packet Pg. 59 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Page 2 of 5 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 5. County planning staff presented their report and recommendation, Petitioner and/or Petitioner’s representative presented the Petition, followed by public comment, and rebuttal by Petitioner and/or Petitioner’s representative. 6. Several members of the public submitted testimony and written comments in opposition to the Petition; however, none of the establishments within the 500” distance objected. Most objections pertained to the existing Celebration Food Truck Park. 7. The proposed establishment is in the Bayshore Gateway Triangle Community Redevelopment Area. 8. The Board of Zoning Appeals (BZA) is referenced in 5.05.01.A.6 but “Alcohol Distance Waiver” is listed in Chapter 9 (Office of the Hearing Examiner) of the County Administrative Code. The “factors” upon which the Hearing Examiner shall base the decision on are listed in 5.05.01.A.6:1 a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, childcare center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. The record clearly reflects that all but one existing establishment (The Iglesio del Evangelio de Cristo church at 2727 Bayshore Drive) is separated by a major right- of-way (Bayshore Drive). b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, childcare center, public library, church, public park, or public playground. The record reflects that the pedestrian travel distance to the two existing houses of worship is greater than 500 feet. The existing alcoholic beverage establishment is located directly across Bayshore Drive at the Celebration Food Truck Park. Testimony and the County staff report support the belief that patrons at both locations would walk across Bayshore Drive (four houses) to go to both locations while using the onsite parking for one or the other. Testimony reflects that there is an existing cross walk near both establishments for traversing Bayshore Drive. 1 The Hearing Examiner’s findings are italicized. 3.A.e Packet Pg. 60 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Page 3 of 5 c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. The testimony (oral and written) from the public focus mostly on disruption caused by the existing food truck park located across Bayshore Drive from the Petition location, and that an additional alcoholic beverage establishment will intensify the situation. Most complaints related to noise (amplified music) and overflow parking into the neighborhood adjacent to the food truck park, particularly during special events there. Testimony reflects that the owner of the food truck park and the subject Petition is the same owner. The petitioner has offered to limit outdoor amplified music to the hours of 11:00 a.m. to 10:00 p.m. on Friday and Saturday, and 11:00 a.m. to 9:00 p.m. on Sunday through Thursday. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and that given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the factors set forth in Section 5.05.01.A.6. of the Land Development Code to approve the Petition. The second and third factors require attention. It is almost certain that combined, the existing food truck establishment and the future venue described in the Petition, will intensify pedestrian activity across Bayshore Drive and the amplified music. Combined, both will draw more traffic and more patrons. Care must be taken for pedestrian safety and controlling the music amplification. While Bayshore Drive lessens the need for the 500 feet separation, it also requires attention to pedestrian safety. The design of the future venue illustrates an open area and outdoor stage on the east side abutting an existing residential area. The Petitioner should take every step possible to redesign the location of the stage and/or the stage itself away from the residential area. Perhaps cover the stage and not allow musicians to use their own amplification system. The venue can instead install its own system, allowing for better management. The Petitioner should establish buffers to ameliorate noise and light disturbance into the residential area. DECISION. The Hearing Examiner hereby APPROVES Petition Number ABW-PL20200001934 filed by Robert J. Mulhere, FAICP of Hole Montes, Inc. and Maddox & Partners, LLC representing Naples 3.0 Holdings, Inc., with respect to the property as described as the east side of Bayshore Drive between Weeks Avenue and Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida for the following: A minimum distance waiver for an establishment to be known as the Bayshore Wine and Food Venue that seeks to sell alcohol for consumption onsite with a minimum separation distance of less than 500 feet from an existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site and two churches. 3.A.e Packet Pg. 61 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Page 4 of 5 Said changes are fully described in the Venue Aerial Separation Exhibit attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Venue Aerial Separation Exhibit LEGAL DESCRIPTION. The east side of Bayshore Drive between Weeks Avenue and Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Outdoor amplified music shall be limited to the hours of 11:00 a.m. to 10:00 p.m. on Friday and Saturday, and 11:00 a.m. to 9:00 p.m. on Sunday through Thursday. 3. Fully ensure pedestrian safety crossing Bayshore Drive to the greatest extent feasible. 4. Take protective steps to prevent music amplification intrusion into the abutting residential neighborhood. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. 3.A.e Packet Pg. 62 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. id.2...;Z...tr----- March 19, 2021 Date Andrew Dickman,Esq., AICP Hearing Examiner Page 5 of 5 3.A.e Packet Pg. 63 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) EXHIBIT “A” 3.A.e Packet Pg. 64 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) T.B. R.107109899BSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBS<<<<<<<<<<<<<<<<<<<<SRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSR<<SRSRSRSRSRSR<<< SRSRSRSRBSSRSRSRSRSRSRBSBSBSBSBS<<<<SRSRSRSRSRSRSRSR<< 100.3'BAYSHORE DRIVE PUBLIC 3.A.e Packet Pg. 65 Attachment: ATTACHMENT C - HEX Final Decision 2021-12 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 1 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Becca Ave Parking Lot (2831 Becca Ave) CESD20180015491 12/17/2018 Unpermitted improvements to lot. Violation/Hearings 12/17/2018 - Unpermitted construction work witnessed including lot clearing and introduction of gravel fill. A STOP WORK ORDER was issued for this pending approval of all permits. Several re-inspections noted non-compliance and approval of necessary permits 9/6/2019 - Special Magistrate Hearing. Respondent was present. Stipulation Agreement. OR 5677 PG 2185. Respondent shall abate all violations by Obtaining all required Collier County approvals for the parking lot 3/6/2020 - Special Magistrate Hearing. Respondent was present. OR 5747 PG 686. Imposition of Fines/liens is Denied based on the mitigating circumstances presented by respondent and a total fine amount of $20,500.00 waived by the Special Magistrate. 2/27/2020 Becca Ave Parking Lot (2831 Becca Ave) CELU20190011773 9/25/2019 Complainant stated that cars are parking on lot, also delivery trucks are using lot to offload, the agreement dated 9/4/19 does not allow for this. ***DUPLICATE CASE CESD20180015491*** Withdrawn already been addressed under case #CESD20180015491 which has been adjudicated with a Stipulation that the respondent has until December 2019 to achieve compliance. As such, this is a ***DUPLICATE CASE CESD20180015491 9/30/2019 3.A.f Packet Pg. 66 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 2 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Becca Ave Parking Lot (2831 Becca Ave) CELU20200001310 2/5/2020 Complainant stated that the parking lot was used on Monday which is designated as a no use day per ordinance. Voluntary Compliance Courtesy Notice to Celebration Park to let them know that any repeat of this activity would result in a Notice of Violation and a CEB Hearing. Corrective Action Taken. 2/6/2020 Becca Ave Parking Lot (2831 Becca Ave) CESD20200006293 6/12/2020 Parking lot is flooding complainant's property. No Violation 06/24/2020 - Per Engineering Determination, there is no violation. opened a new case (CEPM20200006766) to address the stormwater issue. 6/24/2020 Becca Ave Parking Lot (2831 Becca Ave) CELU20200013901 12/31/2020 Parking Lot for Celebration Park was open on Monday 12/28/2020. Violation/Unpaid 12/31/2020 - This parking lot was open on Monday 12/28/2020 which is a violation of Hex 19-38 Condition 6. Served Citation #:00182 1/7/2021 Becca Ave Parking Lot (2831 Becca Ave) CELU20210001826 2/23/2021 Parking Lot was open on a Monday (2/22) in violation of the HEX ruling. Violation/Hearing 3/25/2021 - Code Enforcement Board Hearing. Found Guilty. Respondent not present. Stipulation Agreement. Respondent must abate all violations by: Immediately cease all use of this parking lot on all Mondays, until such time as all of the required Collier County approvals have been obtained that would allow the parking lot to be open on Mondays. Pay a civil penalty of $750.00 for this recurring violation and pay operational costs for the prosecution of this case in the amount of $59.21 on or before April 24, 2021. 3/30/2021 3.A.f Packet Pg. 67 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 3 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Celebration Park (2880 Becca Ave) CEN20190009852 8/14/2019 Complaint of no Amplified Sound Permit at Celebration Park. No Violation City View research shows that PL20180003242 - AMPLIFIED SOUND PERMIT FOR OPERATION OF FOOD TRUCK AND TIKI BAR - AMPLIFIED SOUND PERMIT ALLOWED FROM 10:00 A.M. TO 10:00 P.M. - CHAPTER 54.90 - MAXIMUM PERMISSLBLE SOUND LEVELS OF THE CODE OF LAWS AND ORDINANCE, was approved on 10/26/2018 @ 11:11 am est. As such, there is no violation found. 8/14/2019 Celebration Park (2880 Becca Ave) CEV20190012772 10/22/2019 Celebration Park is operating a golf cart on undesignated county streets/roads. The ordinance does not cover operation in this area. No Violation Cart had been returned / no longer in use. 10/23/2019 Celebration Park (2880 Becca Ave) CELU20190012817 10/23/2019 Greater number of trucks and 1 floating food concession than allowed per approved site plan. Voluntary Compliance Per Zoning Determination, I witnessed violations of the approved SDP including exceeding the maximum allowable food service vehicle count, and, allowing a floating food service boat to be moored to the parcel. Corrected 12/4/2019. 12/10/2019 Celebration Park (2880 Becca Ave) CEN20200001265 2/4/2020 Noise- (mainly in the evenings 7pm to 9pm) Music at the food truck park evenings and weekends. Voluntary Compliance 02/21/2020 - Site Visit. Discussed current and previous noise readings taken by Deputy Nelson, levels and locations, walked park with General Manager Mr. Johnson to show areas of concern as well as surrounding dwellings. Corrective Action Taken. 2/21/2020 3.A.f Packet Pg. 68 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 4 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Celebration Park (2880 Becca Ave) CELU20200001421 2/7/2020 Farmer's Market on Sunday without TUP 7am-4pm blocking the handicapped parking spaces. No Violation Temporary Market tents relocated to inside the Park and not blocking any parking. 2/10/2020 Celebration Park (2880 Becca Ave) CECOM20200004898 5/6/2020 Celebration Park in Naples has their Bar fully open. They do not have a food license, only a bar one. Each truck has their own food license and can be open, but the bar is breaking the law. No Violation "The zoning approval for the Food Truck Park allows the bar to operate as an accessory use to the food truck food sales...". As such, there is no violation. 5/12/2020 Celebration Park (2880 Becca Ave) CEN20200006648 6/22/2020 Excessive amplified noise on Friday & Saturday evenings from Celebration Park Referral moved the entertainment to other side of bar area to help remediate noise. Corrective Action Taken. 6/29/2020 Celebration Park (2880 Becca Ave) CEPE20200010200 9/18/2020 Food truck blocking handicapped spot Voluntary Compliance The illegally parked food truck has been removed from the property. 9/22/2020 Celebration Park (2880 Becca Ave) CELU20200012027 11/6/2020 Food vendor truck parked in the handicapped spot up front. Voluntary Compliance The food truck that was set up in the parking lot has been removed from the property. 11/12/2020 Celebration Park (2880 Becca Ave) CEN20200012097 11/10/2020 Excessive noise from the amplified sound at Celebration Food Truck Park Violation (See case CEN20210002604) Notice of Violation recorded - 12/21/2020 Corrective Action taken at followup site visits on 1/8/2021, 1/9/2021, 1/22/2021, 1/29/2021, 2/18/2021, 2/19/2021, 3/15/2021 Planted a vegetative buffer and a portable sound barrier "blanket" around the live band and relocated the live band to another designated area, repositioning speakers. 3/17/2021 Celebration Park (2880 Becca Ave) CELU20200012446 11/20/2020 A food truck is parked in the customer parking area. This is the 9th food truck. Voluntary Compliance 9th food truck has been removed. 12/11/2020 3.A.f Packet Pg. 69 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 5 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Celebration Park (2880 Becca Ave) CELU20210000331 1/11/2021 Pontoon boats are being docked and stored overnight at Celebration Park. Voluntary Compliance The rental boats that were being stored at Celebration Park have been removed. 2/18/2021 Celebration Park (2880 Becca Ave) CESD20210001376 2/7/2021 Celebration Park - food truck deliveries were witnessed to be blocking fire lane. Large propane tanks require permits and inspections. Referral this case will be submitted for closure under "Outside Jurisdiction" as these issues are under the authority of Greater Naples Fire Department. 5/12/2021 Celebration Park (2880 Becca Ave) CEN20210002604 3/17/2021 Noise complaint for Celebration Park off Bayshore Drive Violation/Hearing Previously case CEN20200012097 4/2/2021 - Special Magistrate Hearing. Found Guilty. Pay operational costs of $111.70 by May 2, 2021 and comply with decibel sound limits 4/7/2021 Celebration Park (2880 Becca Ave) CEN20210003514 4/9/2021 Loud music coming from the property. No Violation Conducted noise readings from complainant's property (@ 2978 Orange Street), approximately 560 feet away from the alleged Sound Source/property in question. The highest Sound Source Level/"Source-On" reading was 68.6 dB(C) @ 1930 hrs. The allowable Sound Level Limit at that time of day is 72 dB(C). The highest Ambient Sound Level reading was 59.5 dB(C) @ 1954 hrs. 5/4/2021 Celebration Park (2880 Becca Ave) CEN20210005111 5/18/2021 Complaint about loud music on Saturdays at Celebration Park No Violation Approximately 10 -12 readings were taken from 6pm - 7pm (all recorded) with not much difference in ambient and source levels all of which varied between high 60s to low 70s, none of which were in violation of the Collier County Noise Ordinance. The complainant was also on site and decibel levels were viewed by him continuously to show no violations existed. 5/24/2021 3.A.f Packet Pg. 70 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Summary of Code Enforcement Cases 2018-2021 PE- PL20210000596; 2831 BECCA AVENUE OFF-SITE PARKING LOT Page 6 Location Case # Date Entered Description of Complaint Violation Found / Not Found Date of Close Case Celebration Park (2880 Becca Ave) CEN20210006814 6/28/2021 Loud music (especially the drums) going on from 11am to 10pm. Caller states he's 700 feet away & he has to turn his TV all the way up to not hear the drums. No Violation Conducted noise readings from complainant's property (@ 2938 Cypress Street), approx. 280 feet from the Sound Source/ property in question. The highest Sound Source Level/"Source-On" reading was 72.3 dB(C) @ 2039 hrs. The highest Ambient Sound Level was 63.8 dB(C) @ 2018 hrs. The difference between the Sound Source Level/"Source-on" and Ambient Sound Level is 8.5 dB(C), a correction of 1 dB (C) applies and is to be subtracted from the Sound Source Level. The adjusted/corrected Sound Source Level is 71.3 dB(C) and the allowable Sound Level Limit at that time of day is 72 dB(C). 7/28/2021 Celebration Park (2880 Becca Ave) CEN20210007644 7/19/2021 Excessive noise from music at Celebration Park. No Violation Conducted noise reading from the complainant’s property at 2872 Weeks Ave which is approx. 300 feet away from the where the band was playing. The highest Sound Source Level/Source-On reading was 71.9 db(C) at 1933 hrs. The Highest Ambient Sound Level was 70.4 db(C) at 1803 Hrs. The difference between the Sound Source Level/ Source On and Ambient Sound Level is 1.5 db(C), a correction of 1db (C) applies and is subtracted from the Sound Source Level is 70.9 db(C) and the allowable Sound Level Limit at that time of day is 72db (C). Therefore, the results of the reading indicates that there is no noise violation at this time. 8/16/2021 3.A.f Packet Pg. 71 Attachment: ATTACHMENT D - Summary of Code Enforcement Cases (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) COLLIER COUNTY CODE ENFORCEⅣIENT CODE ENFORCEⅣIENT BOARD Case Noo CELU20210001826 BOARD OF COUNTY COMⅣIISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, VS. BAYSHORE REDEVELOPⅣIENT GP,LLC, Respondent。 ORDEB OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 25, 2021, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FINDINGS QF FACT 1. Respondent, BAYSHORE REDEVELOPMENT GP, LLC, is the owner of the subject property (the "Property"). 2. Respondent, having been notified of the date of hearing by certified mail and posting, did not appear at the public hearing. 3. Prior to the hearing, Respondent entered into a Stipulation, which is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order, and Respondent is ordered to comply. 4. The Property at 2831 Becca Ave, Naples, FL 341 12, Folio No. 81271240003 (Legal Description: REBECCA WEEKS LOTS 45-50, LESS THAT PORTION FOR R/W) is in violation of Collier County Land Development Code, Ord. No. 04-41, as amended, Section 2.02.03, in the following particulars: This parking lot was in use on Monday, February 22,2021, which is not a permitted use per HEX # 2019- 38. 5. The violations have not been abated as ofthe date ofthis hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: l. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. The preponderance of the evidence shows that violations of Collier County Land Development Code, Ord. No. 04-41, as amended, Section 2.02.03 do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted tn Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page I of2 3.A.g Packet Pg. 72 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) A.BCDRespondent is found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Section 2.02.03. Respondent must pay a civil penalty of $750.00 for this recuring violation. Respondent must abate all violations by immediately ceasing all use of this parking lot on all Mondays, until such time as all of the required Collier Counfy approvals have been obtained that would allow the parking lot to be open on Mondays. If Respondent fails to comply with this Order, Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent. Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of$ 59.21 on or before April 24, 2021. Respondent shall notiff Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. E. DONE AND ORDERED this 2f o^y of-MU A I ,-,2021atCottier County, Florida. ENT BOARD ,FLORID STATE OF FLORIDA COUNTY OF COLLIER ∥ξttgl∬:出螢麗壁翌竺事:」::;℃:∬還甜∬all■li[u∬::Ъ :i島電臆:l絶 1鰍 :l Board Collicr County,Florida. Type of Identifi cation Produced Commissioned Name of Notarv Public ,At...;fi. !r-::"s l''lay 15,2021 (Print/Type/Stamp) "'t rll' :' --.::rr li:".lcrelNi.lo-yssryic€s PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountvfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. XPersonally Known OR E Produced Identification rL( -*rr r Signature of Notary Public - State of Florida CERTIFICATE OF SERVICE I HEREBY CERTIFY that a truc and correct copy of this ORDER has REDEVELOPMENT GP,LLC,1350JEWEL BOX AVE,Naples,FL 34102 on '動ど)%u.幽 to: BAYSHORE ,2021. Enfbrccmcnt Offlcial Page 2 of 2F 3.A.g Packet Pg. 73 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. BAYSHORE REDEVELOPMENT GP LLC Respondent(s), #7 Case No CELU20210001826 STIPULA Before me, the undersigned on behar of BAYSHORE REDEVELOPMENT GP LLC, enters into this Collier County as to the resolution of Notices of Violation in reference (case) number CELU20210001826 dated the 25th day of February, 2021. This agreement is subject to the approval of the Code Enforcement Board. lf it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 25, 2021: to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows:1) The violations noted in the referenced Notice of Violation are accurate and I stapulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.21 incuned in the prosecution of this case within 30 days of this hearing. 2) Pay a civil penalty of $750.00 for this recuning violation. 3) Abate all violations by: lmmediately cease all use of this parking lot on all Mondays, until such time as all of the required Collier County approvals have been obtained that would allow the parking lot to be open on Mondays. 4) Respondent must notiry Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (2,i houls notice sholl b€ by phonc or Lx .nd mad6 donng the wo*wo.k. ll the violetion B ebabd 24 houB pnor to a Seluftley, Sundey or l6gal hdilay. thcn thc nolifr.l,on mu, b. mad. on thc n.n dsy thet i3 nol. Satuday, Sunday or l6gal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office of this agreement and all costs of abatement shall be assessed to the property or Representative (sign) ?―ZJ-21 Date Code Enforcement Division Rdspondent or Representative (pri REV 3-29-16 .<2 3.A.g Packet Pg. 74 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 75 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 76 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 77 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 78 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 79 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 80 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.g Packet Pg. 81 Attachment: ATTACHMENT D1 - Magistrate & Code Board Orders-Agmts (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 82Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 83Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 84Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 85Attachment: ATTACHMENT E - 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PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 121Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 122Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 123Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 124Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 125Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 126Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 127Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 128Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 129Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 130Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 131Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 132Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.hPacket Pg. 133Attachment: ATTACHMENT E - PE-PL-20210000596 HEX Back-Up Documents (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): _________________________________________________________________ Regarding the above subject petition number(s), ________________________________ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: _________________________________ Date: ___________________________ Signature: ______________________________ Applicant* Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. 3.A.i Packet Pg. 134 Attachment: HEX Hybrid Meeting Waiver (signed) (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Sign posted on 9/8/21 PL20210000596 – 2831 Becca Avenue Parking Exemption Sign along Becca Avenue Frontage 3.A.j Packet Pg. 135 Attachment: Sign posted on 9-8-21 (PL20210000596) (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Sign posted on 9/8/21 PL20210000596 – 2831 Becca Avenue Parking Exemption Sign along Bayshore Drive Frontage 3.A.j Packet Pg. 136 Attachment: Sign posted on 9-8-21 (PL20210000596) (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Signs updated on 9/21/21 PL20210000596 – 2831 Becca Avenue Parking Exemption Sign along Becca Avenue Frontage Sign along Bayshore Drive Frontage 3.A.k Packet Pg. 137 Attachment: Signs updated on 9-21-21 (PL20210000596) (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) Public Correspondence received as of Oct. 6, 2021 for Parking Exemption PE-PL20210000596 2831 Becca Avenue Off-site Parking Lot October 14, 2021 Hearing Examiner 3.A.l Packet Pg. 138 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Dina Galeazzi Elliot <Dina.elliot@exitonesolutions.com> Sent:Monday, September 27, 2021 10:27 AM To:LauraDeJohnVEN Subject:PL – 20210000506 Celebration Park EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello, My name is Dina Elliot, owner of Exit One Solutions and also a full-time Naples resident. I am writing in support of removing a ruling that Celebration Park’s “All Monday Parking Lots Completely Closed” rule. Not only is Celebration Park a wonderful location in our community that brings together families, friends in an lovely outdoor setting (with amazing food trucks I may add) but I personally have been involved with CAN (Cancer Alliance Naples) which hosted their annual event last year at Celebration Park on a Monday. CAN supports anyone in Collier county in need who is going through cancer treatments. They are planning to continue their event at Celebration Park in 2022, raising much needed funds to help our community. I am requesting an amendment to a condition of the approved Becca Avenue Off-Site Parking which currently limits the use of the lot to 6 days a week (prohibiting use of the lot on Mondays) to allow the use of the lot on Mondays. Events and Celebration Park business owners are impacted by this ruling and should not be penalized. In my opinion, there is no reason to restrict the use of the lot on Mondays, especially for events that support the community as the restriction was inserted in the off-stie parking approval because at that time Celebration Park was not open on Mondays. Everyone – from non-profits, local community, and employees of Celebration Park and the food trucks would benefit from this change. Thank you for your consideration in this matter. Dina Elliot President 3.A.l Packet Pg. 139 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 2 239-598-0246 o. 201-310-3356 c. dina.elliot@exitonesolutions.com www.exitonesolutions.com -- 3.A.l Packet Pg. 140 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Troy Komo <tskomo@gmail.com> Sent:Friday, October 1, 2021 1:01 PM To:LauraDeJohnVEN Subject:PEPL20210000596 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Laura Hope all is well, if you could put this in for the Chief Hearing Examiner To see I would appreciate it. This is in regards to Celebration park wanting to open an additional day which would increase our noise exposure as well as traffic. Pedestrian traffic on Becca is already very hazardous due to 80% of Celebrations customers making a straight line from the parking lot automobile entrance to the parks automobile entrance which involves walking on Becca Ave. for 75ft.. It would be great if The County could do something to remove the noise from this open air business, if they wanted to have amplified entertainment they should have built it with 4 walls and a roof to contain it. The main issue with this place has always been the loud amplified noise, I for one would be satisfied with no amplified music at any time from this establishment. You will see my email below sent to the Board a couple if weeks ago, with no response from my district representative. Respectfully Submitted Troy Komarowski Begin forwarded message: From: Troy Komo <tskomo@gmail.com> Date: August 16, 2021 at 4:01:11 PM EDT To: Penny Taylor <Penny.Taylor@colliercountyfl.gov> Subject: Celebration Park Noise August 16, 2021 Dear Commissioner Taylor I am writing this e-mail in regards to loud music coming from Celebration Park (CP) at the corner of Bayshore Drive and Becca Avenue. On the evening of August 14, 2021, from 5:30 p.m. until 9:15 p.m., the amplified music was way too loud. This issue has been ongoing for the last two years. Area residents have made multiple complaints to your code enforcement office. Most recently, neighbors registered complaints on May 18 and July 17. When a Code Enforcement Investigator (CEI) was assigned the case, he immediately contacted Celebration Park’s manager. The CEI advised the manager that the CEI would be there on May 22 to conduct a sound study. By the time the CEI arrived, the park manager had already taken his own sound readings and apparently adjusted the volume down. Was it a coincidence that the county’s readings came in just 1db under the violation limit after being warned? Thankfully, noise from the truck park was under control for the next 3 weeks. These events are confirmed by the case notes in your city view system and conversations with CE. 3.A.l Packet Pg. 141 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 2 Sadly, CP’s past efforts to control the volume have been inconsistent and have not lasted. On July 17, Collier Commissioners were contacted by another resident regarding amplified noise levels and yet another Code Case was opened after which your CEI recorded levels only .7db below the violation limit. This seems very much like a teenager who doesn’t turn down his stereo until he hears dad’s footsteps coming up the stairs. As a 35-year resident at 2695 Becca Avenue, I feel that an amplified music permit granted by Collier County Growth Management for a completely-open, outdoor venue within 75-feet of residential properties is unacceptable. Imagine if the noise were within yards of your home … night after night. Sound readings taken after a violation, especially with advanced notice, does not seem impartial. This strategy certainly hasn’t solved our problem. We simply do not believe that Code Enforcement is seeking an honest evaluation of the noise problem. Can the board suggest a contact at the county other than Code Enforcement where residents could be guided on this … perhaps someone in the zoning department can be as helpful to us as they are to business entities? I welcome the opportunity to speak with any commissioner interested in the fair implementation of Collier County policies. I would also like to personally invite you to my home any time Celebration Park is exceeding decibel levels in the code. I believe you have to personally experience the noise to appreciate our concerns. Please review my request. I would welcome any advice that will help me and my neighbors restore some control over the persistent noise problem being created by Celebration Park. I will be awaiting your response. Respectfully Submitted Troy Komarowski 3.A.l Packet Pg. 142 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Marcus Schubert <mschubert987@gmail.com> Sent:Friday, October 1, 2021 9:52 AM To:LauraDeJohnVEN Subject:Case PEPL20210000596 reference EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Laura, I wanted to send you a letter in regards to the open case on celebration food truck park. Whilst I am happy to see growth and development in my local community I am sad to say that the food truck park is very much having a negative impact on the surrounding areas. Every night we are subjected to loud amplified music sometimes including profanities which can be heard from inside our residences and by little ears, police have been notified on numerous occasions to ask them to turn it down with no results and the park continues to demonstrate blatant disregard for the communities request. I come home from work to relax and would like my children to have a peaceful night sleep, not be subjected to loud thumping through the walls from the band or DJ at the park. I do believe the permit they have is for non amplified music which clearly is being dishonored. Aside from excessive noise other issues include increased traffic and speeding throughout the Neighboring streets, I personally have witnessed many occasions of people speeding excessively down weeks and Becca Avenue pulling into the food truck park parking lot and the large parking lot on weeks ave. I really would like for these issues to be taken seriously and addressed as it is very much negatively affecting the residents who some have lived for many years before the park was built. These issues have been brought up time and time again to the county and to the police who are tasked with enforcing the Law. Celebration food truck park is continually disturbing the peace and demonstrating a harassing and tormenting stance by ignoring the requests of the Neighborhood to keep the noise and traffic to acceptable levels. Your help and consideration in these matters would be greatly appreciated. Thank you for your time Marcus Schubert Local Resident 3.A.l Packet Pg. 143 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Janet Gavin <lizandemere@yahoo.com> Sent:Friday, October 1, 2021 10:01 AM To:LauraDeJohnVEN Subject:Fw: parking lot 2831 Becca Ave which is not permitted f EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Janet Gavin" <lizandemere@yahoo.com> To: "basslawoffice@comcast.net" <basslawoffice@comcast.net>, "Troy Komo" <tskomo@gmail.com> Sent: Wed, Mar 24, 2021 at 12:18 PM Subject: Fw: parking lot 2831 Becca Ave which is not permitted f Forwarded for your information. Janet and Michael Gavin Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Janet Gavin" <lizandemere@yahoo.com> To: "penny.taylor@colliercountyfl.gov" <penny.taylor@colliercountyfl.gov> Cc: "Janet Gavin" <gavinj1961@gmail.com> Sent: Tue, Mar 23, 2021 at 9:40 PM Subject: parking lot 2831 Becca Ave which is not permitted f Dear Ms. Taylor, My husband and I are voicing concerns about permitting the parking lot 2831 Becca Ave to be permitted to be used for parking on Mondays. At present, the lot is not permitted for use per HEX 2019-38. We reside at 2872 Weeks Ave. Our property contains a third of the lots that form the border to the Celebration Park Annex parking lot. We, the residents have been forced to tolerate the poor planning of Celebration Park since its' inception. Celebration Park was permitted for eight food trucks and an open air bar with a site plan for 13 parking spots. Where else in Naples would 9 businesses be permitted to not even have enough parking for staff let alone patrons? Because of this debacle the Becca property was purchased by Celebration Park. Again a blind eye was turned until there were hearings. The owners illegally created a dirt/grass lot (eventually it was covered in shell) that was not zoned for parking. They even began charging patrons to park in the illegal lot. Patrons complained and they ceased collecting fees. We were forced to endure headlights shining into the back of our home which is all glass. Until the wall was erected, we had witnessed patrons urinating in the bushes that were on our boundary line that overlooks our screened lanai and pool. We were deprived of the right to privacy. 3.A.l Packet Pg. 144 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 2 We had been in contact with John Johnson from Zoning Enforcement, with all are concerns and frustrations with coping with this new disrespectful neighbor, Celebration Park. He was sympathetic but had little to offer under his department. Next came hearings where the owners requesed forgiveness instead of following the proper procedure to request rezoning the lot. If you haven't noticed, there is a history of doing whatever the owners wish and only complying with ordinances when forced. HEX 2019-38 was signed with specified requirements and rules. These specifications include what, when and how the lot is to be used. They have not complied with many of the terms of the document. Now they have been using the lot on Mondays when HEX 2019-38 forbids it. The lot is to be blocked nightly when not in use and during all hours on Mondays. This was a small consolation. At least one day a week we were given a reprieve from revving car and motorcycle engines, blaring car radio music and annoying car alarms. This might not seem important unless it is in YOUR backyard! We purchased into a neighbood and now are constantly told how Celebration Park benefits the neighborhood. The only one benefitting is the owner of Celebration Park! Noise levels continue to escalate and traffic and speeding on Weeks has exponentially increased! The sheriff has tried parking an unoccupied sheriff's vehicle to detour the speeding but that has had no effect. I suggest speed bumps on Weeks and a traffic light at the intersection of Weeks and Bayshore. We are also concerned about the planned winery/outdoor concert venue on Bayshore near Weeks and Celebration Park. What is planned for noise control and parking? We fought to not have a parking structure on the Becca property. We are afraid that the owner's are scheming to eventually request that part of the ordinence to be revised to benefit the owners underplanned parking..AGAIN! A presidence and slippery slope would be created if the Becca lot is permitted to be used on Mondays. We want to be good neighbors but enough is enough! Only one neighbor is benefitting and it is not the residents of the community! Feel free to contact us should you want to discuss these concerns further. Thank you for your service to our community and neighborhood. Respectful, Janet and Michael Gavin 216-780-0746 or 216-780-2605 Sent from Yahoo Mail on Android 3.A.l Packet Pg. 145 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Neftali Feliciano <Neftali@cancerallianceofnaples.org> Sent:Monday, October 4, 2021 12:12 PM To:LauraDeJohnVEN Subject:Petition number - PL – 20210000506 Request to amend a condition (Celebration Park) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Laura, I hope this email finds you well. I am emailing to express my support for amending a condition that will allow Celebration Park to use their off- site parking lot on Mondays. Currently, there is a prohibition for use on Mondays and this is hurting the growth of the business. Celebration Park does a lot of good in the community and it's a great place to visit. The success they have had as a business has directly impacted our non-profit organization. Celebration Park hosted our annual signature event last year and we were able to raise over $100,000. This money was used to help over 100 local children and adults battling cancer with direct non-medical financial assistance. The Cancer Alliance of Naples will be hosting our 20th Anniversary Signature Event on Monday, March 14, 2022. We are expecting even more support from the community for this event and cannot overstate the importance of being able to accommodate the guests with parking. CAN is now helping over 1,200 clients per year. Successful businesses like Celebration Park allow us to do what we do. We are neighbors helping neighbors with cancer. I am confident the County will make the right decision and allow them to use the parking lot on Mondays. Thanks again for your service to the community. Sincerely, Neftali Feliciano Chief Executive Officer 3384 Woods Edge Circle Ste 102 Bonita Springs, FL 34134 (239)643-HOPE (4673) Fax:(239)643-4616 www.cancerallianceofnaples.org 3.A.l Packet Pg. 146 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Jason Marshall <jason@sewshore.com> Sent:Monday, October 4, 2021 12:27 PM To:LauraDeJohnVEN Cc:BellowsRay Subject:Concern for Celebration Park off-site parking lot // PL-20210000506 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello, I’m writing you in regards to petition number PL-20210000506 which is a request to amend conditions in plac e for the Celebration Park off-site lot. My name is Jason Marshall and I’m a lifelong Naples native. I was born at NCH in 1979 and raised in this wonderfull community over the past 42 years. Additionally, I’m a local business owner. My company is Unite d Uniforms / Sew Shore, the latter which was established in 1986. Celebration park, several of the trucks, and many of their patrons are also my clients. As a child, I recall the days of outdoor concerts at Cambier Park. I believe The Wailers (sans Bob Marley) even played one of those concerts. The entire community would turn out for the festivities, and perhaps I saw my parents at their happiest and best at these concerts. In my late teens, I also recall pushback from residents regarding restricting outdoor entertainment. There was very little entertainment for our area when there was so much potential. In fact, I feel these decisions gave Naples the negative “retirement capitol of the world” moniker for many years. Many of us, in our early days as new drivers, would drive up to Fort Myers just to hang out amongst live music. Over the years, we have seen neighborhoods and local businesses flourish around the addition of entertainment venues to our Naples community. While Downtown Naples slept comfortably with restrictions and outdated venues and spaces, North Naples boomed with the addition of Mercato and property values climbed. The activation of outdoor spaces for live music and entertainment made North Naples the new destination location or “must-see” part of town. As the younger get older, I believe these types of improvements will continue. As a native, I love the old and historic Naples. However, those days are long gone and well in the past. Naples needs an update, a revitalization per se. What Rebecca & Nancy Maddox have brought to the Bayshore District is exactly what Naples needs and wants. The integrity of the design and long-term vision should be appreciated and celebrated. People are flocking to a neighborhood that has been written off for years. People are taking a second look and property values are rising, and just like North Naples, businesses and families are flourishing around the “newness” and attractions in the Bayshore Arts District. To say that Celebration Park was at the center of this is an understatement. Celebration Park has beyond proved itself as exceptional destination venue for Naples, FL. As a destination location, Celebration Park is in demand 7 days a week. The food vendors are in demand 7 days a week. The entertainment businesses that run alongside Celebration park such as tikiboat tours, jet ski rentals, etc… is in demand 7 days a week. I understand that the single day parking restriction stems from Celebration Park’s original hours of operation. I believe it’s fair to say that time changes everything. Fortunately, for the Bayshore Arts District this was a change for the good. Now it’s time to change the outdated parking lot restriction for the better, for good. Please reconsider this ruling for all of the employees and staff of Celebration Park and participating business that will benefit from the extra day of parking. Please reconsider this ruling for the Food Truck operators that will have 3.A.l Packet Pg. 147 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 2 better sales from the extra day of parking. Please reconsider this ruling for the locals, and employees of nearby venues such as NCH Hospital, who visit Celebration Park daily to grab a quick lunch. Please reconsider this ruling in consideration for visitors who will park illegally elsewhere or risk being towed because the lot is restricted on Mondays. Please reconsider this ruling for the sake of future charitible events and the complications a closed lot will bring for a single day. All of the positives and people the benefit from this lot to be open 7 days a week far exceeds any reason or demand from the several homeowners that are against it. I implore you to make the relevant and conscious decision to remove the limiting conditions of the off-site lot for Celebration Park and make amendments to allow the lot to remain open for 7 days a week. Let’s improve what was started, as EVERYTHING happening in the Bayshore Arts District is heading in the right direction. Any opposition is a bitter vendetta without merit or concern for our community as a whole. Thank you, Jason Marshall Owner / President United Uniforms / Sew Shore (239) 774-4655 jason@sewshore.com Tollgate Plaza 3845 Beck Blvd. Suite 809 Naples, FL 34114 Greentree Center 2340 Immokalee Rd. Naples, FL 34119 www.sewshore.com www.uniteduniforms-usa.com Shop with us online at: www.naplesuniforms.com See what we’re up to on: Facebook Instagram Twitter 3.A.l Packet Pg. 148 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Susan Crum <sjcrum@comcast.net> Sent:Monday, October 4, 2021 8:11 PM To:JohnsonJohn; LauraDeJohnVEN Subject:CP Parking on 10/4/2021 Attachments:IMG_8310.jpg; IMG_8312.jpg; IMG_8313.jpg EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Evening Mr.Johnson, Thank you for taking my call today. Can you please let me know what transpired with the CP Parking Lot being utilized on 10/4/21? I'm going to the HEX meeting on 10/14 and planning on speaking therefore would like to include this incident and how it was handled by Code Enforcement. FYI I attached pictures that were taken at 10:00 AM 10/4/21. At 1:45 PM the chain was not up and the cars were still in the parking lot. I then came home and called you and left a message with Ms. DeJohn. Thank you. Sincerely, Susan Crum 3.A.l Packet Pg. 149 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Susan Crum <sjcrum@comcast.net> Sent:Tuesday, October 5, 2021 3:01 PM To:LauraDeJohnVEN Subject:Public Hearing on 10/14 RE: Parking Exemption for 2831 Becca Attachments:cp2.jpg; cp3.jpg; cp22.jpg EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon, I would like these pictures included. The first picture is to explain how dangerous it is for people to be walking down the street with on coming traffic. Being open on Mondays, would increase people being at danger in the street yet another day. In the the HEX 2019-38 it states 62 parking spaces. The second two pictures show cars lining up and down outside a marked space. Note the white Porsche backed up to a car parked in the handicap space. If the parking lot is full, and more cars are allowed to park wherever, please disregard the parking lot pictures. Sincerely, Susan Crum 3.A.l Packet Pg. 150 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.l Packet Pg. 151 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.l Packet Pg. 152 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 3.A.l Packet Pg. 153 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:T E Byerly Co Inc T E Byerly Co Inc <tomtebco@verizon.net> Sent:Tuesday, October 5, 2021 1:18 PM To:LauraDeJohnVEN Subject:Reference PEPL20210000596 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I am writing to protest the opening of the parking lot for Celebration Park on Mondays. It was our understanding the parking lot would be closed on Mondays, so the neighborhood has one day of the week you can sit outside without being disturbed by loud music and cars parking on your lawn. On weekends the music is so loud you can not sit in your house without being disturbed. I trust you will agree with the neighborhood and allow one night of the week to enjoy our homes. VTY Tom Byerly 2958 Cypress Street Naples, FL 3.A.l Packet Pg. 154 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Chris Olson <chris@olsondinunzio.com> Sent:Tuesday, October 5, 2021 11:18 AM To:LauraDeJohnVEN Cc:ray.bellows@colliercountyfl.cov Subject:Celebration Park parking Becca Ave PL-20210000506 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello! I support Celebration Park and what it has done to the Bayshore Drive area. It has definitely created a beautification of that area, added jobs, and added a much needed outdoor venue in Naples!! I understand there is a current limitation of use of their owned off- site parking area on Becca on Mondays, and that the parking lot is completely closed all Mondays. This is ridiculous!!! Why on earth would an owned parking lot be subject to such a ruling? Therefore, I support an amendment to approve the use of this parking lot on Mondays. Not only are you hurting the business owner, but more importantly you are hurting all the employees and food truck families with the ability to earn a living by taking away a day to work and operate. Sincerely, Christine Olson Olson & DiNunzio Insurance Agency Inc. 2536 Northbrooke Plaza Dr Naples, FL 34119 Phone: 239.596.6226 Fax: 239.596.1620 Web page: www.olsondinunzio.com Disclaimer: please be advised that insurance coverage cannot be added, deleted or otherwise changed via email, voice mail or facsimile. No binder, insurance policy, change, addition, and/or deletion to insurance coverage goes into effect unless and until confirmed directly with a licensed representative of Olson and Dinunzio Insurance Agency Inc. 3.A.l Packet Pg. 155 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:George <georged914@gmail.com> Sent:Wednesday, October 6, 2021 3:02 PM To:LauraDeJohnVEN Subject:Reference PEPL20210000596 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Laura: My name is George Dougherty and I live at 2998 Cypress St. I am sending this email in regards to Celebration Park wanting to open the parking lot for an additional day. I wanted to attend the hearing in person but unfortunately have been dealing with a sick relative for the past few months and have therefore been out of town. I believe the parking lot should remain closed on Monday. Celebration Park has traditionally been closed on Monday which gives the neighbors a brief respite from the noise and disruption that the business generates. I have been told that this was the reason that the hearing examiner excluded use of the parking lot on Mondays in his original decision. Efforts to reach a mutually agreeable resolution of the noise issue, to date, have not been successful. Thank you for considering this email. George 3.A.l Packet Pg. 156 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Heather Bliss <blissh645@gmail.com> Sent:Tuesday, October 5, 2021 11:06 PM To:LauraDeJohnVEN; BellowsRay Subject:Celebration park off site parking lot. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. To Laura and Ray, I’m writing this letter in regards to petition number PL-20210000506, a request to amend condit ions in place for the Celebration Park off-site lot. My name is Heather Bliss. I am a permanent Naples resident, whom resides on Bayview Dr, which is 1-2 blocks away from the parking lot. I have 3 children, all whom attend Collier county public schools. I am also an employee of Three 60 Market and Mega Sabor, a food truck in the park. East Naples has needed a makeover for quite some time. It's not secret. The work Rebecca and Nancy and Maddox have put into making this possible has been like any other. Not just with creating employment through their businesses but their relationships with people. I get to experience first hand everyday the respect and love the community has for them and what they bring to this area of Naples. Not just the upper class citizens but those in the middle and lower classes as well. Helping people from all back-round's because by donations, meals, employment etc, they truly care about the well being of the community they serve. I get the pleasure of interacting with the people they touch everyday as customers. Everyone raves about Celebration Park. There is always families with children playing games and enjoying the variety of food from the food trucks. They love how everyone can make their own selection for food. I continuously hear comments that they with there was MORE places like Celebration Park because if it's uniqueness. People stopping on their lunch breaks from work. People waiting for specific trucks to be open. The whole energy of the park is positive and happy. Bayshore is the Art District. This is where one would expect to find a place like Celebration Park. Any Art District of any city if full of love, culture, music and fun. So much of Naples caters to the 55 and older community it's refreshing to have one area for the younger crowd. The crowd that is a very large portion of the workforce here in Naples. One day may seem minimal but it would be detrimental overall to restrict Celebration Park from using the part lot, which it owns I may add, on Mondays. It will create illegal parking issues and congestion issues. It would be detrimental to charitable organizations they work with. I walk by the lot frequently late at night and it is a relief to see the amount of cars parked overnight, because patrons can leave their cars safely and Uber home. This reducing the amount of drunk drivers on the roads my kids walk down. I ask you to reconsider, not only for the establishment itself but for the community in which in serves. Thank you. Heather Bliss 3.A.l Packet Pg. 157 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Alan Crum <alan@outbacksportyards.com> Sent:Wednesday, October 6, 2021 7:15 PM To:LauraDeJohnVEN Subject:PEPL20210000596 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Laura, this email concerns the hearing for the parking lot on Becca Ave. to be used by Celebration Park on Mondays . The original conditions of petition No. PE-PL201800003220 should be enforced and kept in place. By allowing CP to operate on Mondays would only increase the many problems that already exist with this establishment . First , the original SDP showed 13 parking spaces and 54 seats around the bar area , so from its inception , not enough parking , yet somehow approved. Second , the driveway is so steep and short that it was obvious no delivery trucks were going to make it into the delivery area , again , approved knowing beer trucks would be blocking one lane of Bayshore Drive and the bike path as well as one lane of Becca Ave. while servicing CP. Third , patrons routinely walk down the middle of Becca Ave. day and night going to and from CP, they haven’t fixed that problem yet and they have no intention to do so , setting up more hazards . Forth , the noise from the amplified music is out of control , it is so loud the thumping bass enters our homes , we cant sleep , enjoy a program , or have a nice quiet dinner , and forget about going outside , we hear each and every word . We have had sound surveys done by the county only to find out the examiner calls the manager of CP and alerts him when and where they will take place . Once again , something completely ridiculous , amplified sound from an outdoor venue located inside an existing neighborhood, approved . There seems to be a pattern . However , after further investigation of the amplified sound permit # PL20180003242 dated 9-26-18 , the agent of CP who submitted the permit and the owner who signed it., failed to list the number of speakers and the amplifying devices to be used . They did however identify the sound and method as “ Non-Amplified Acoustic Sound “ so in other words CP has been broadcasting amplified sound for three years illegally. At the very least , CP should not be allowed to broadcast amplified sound effective immediately. In the future if they wish to apply for another amplified sound permit , there should be a public hearing attached to it because of all the harassment the neighborhood has endured over the last three years not to mention the waste of tax payer money for bogus sound surveys and sheriff department calls , asking them to turn it down , all the while assuming they have a valid permit , which they don’t. Sent from Mail for Windows 3.A.l Packet Pg. 158 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 1 LauraDeJohnVEN From:Madeline Lindner <madsaved@gmail.com> Sent:Wednesday, October 6, 2021 8:11 PM To:LauraDeJohnVEN; BellowsRay Subject:Concern for Celebration Park off-site parking lot EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello I am writing to you in regards to petition number PL-20210000506 which is a request to amend conditions in place for the Celebration Park off-site lot. My name is Madeline Lindner. My husband and I relocated to Florida upon me accepting a position as Operations Manager for a long-familiar Eyewear distributor. For years I enjoyed the excitement and fulfillment of a prospering career. Having reached retirement age, I resigned from my position five years ago. Blessed to be enjoying my free time and all that Naples and surrounding areas offer, I never thought I would consider working again. I didn't know then that my thinking would change after meeting Rebecca Maddox. My first visit to Three60 Market I had the opportunity to meet Rebecca Maddox. Over my next few visits there Ms. Maddox would come to our waterfront table and share her excitement over what was about to be constructed on the then empty lot . The area is now known as Celebration Park. I was smittened with Ms Maddox's desire to bring something to an area that was written off for years. Something would help in building the community. On that ground and motivated by her long term vision, I came out of retirement ,and began working at Three60. Celebration Park has proved to be an exceptional destination venue for Naples.Everyone benefits for this parking lot to be open 7 days a week. I understand that the single day parking lot stems from Celebration Park's original hours of operation. It's time to change the outdated parking lot restriction.I'm asking you to remove the limiting conditions and make amendments to allow the lot to remain open for 7 days a week. Thank You. Madeline Lindner 3.A.l Packet Pg. 159 Attachment: Public Correspondence received as of 10-6-21 (20018 : PL20210000596 2831 Becca Avenue Parking Exemption) 10/14/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: PETITION NO. PDI-PL20210000868 - Tree Farm Mixed-Use Planned Unit Development - Request for an insubstantial change to the Tree Farm Mixed-Use Planned Unit Development (MPUD) by requesting deviations from LDC Section 5.06.04.G.2.a which limits off- premises directional signs to 12 square feet in area to instead allow an off premises directional sign with up to 50 square feet of sign area and to Sections 5.06.04.G.2.c and 5.06.04.G.3 which requires off- premises directional signs to be located a minimum of 10 feet to a property line and a minimum of 50 feet to the adjacent residential zoning district, respectfully, to instead allow an off -premises directional sign to have a zero foot setback to the residential tract to the north for the benefit of the Tree Farm Apartments. The subject MPUD is 58.84± acres located in the northwest quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 Meeting Date: 10/14/2021 Prepared by: Title: Planner – Zoning Name: John Kelly 09/27/2021 10:44 AM Submitted by: Title: – Zoning Name: Mike Bosi 09/27/2021 10:44 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 09/27/2021 11:36 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/28/2021 12:40 PM Zoning Ray Bellows Review Item Completed 09/28/2021 4:37 PM Zoning Mike Bosi Zoning Director Review Completed 09/29/2021 7:47 AM Hearing Examiner Andrew Dickman Meeting Pending 10/14/2021 9:00 AM 3.B Packet Pg. 160 PDI-PL20210000868 Tree Farm MPUD Page 1 of 9 September 25, 2021 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 14, 2021 SUBJECT: PDI-PL20210000868; TREE FARM MPUD OWNER/APPLICANT: AGENT: TBC Tree Farm 1, LLC Christipher O. Scott WPPI Naples TF, LLC Peninsula Engineering 9800 Connecticut Dr. Suite A1-100 2600 Golden Gate Pkwy Crown Point, IN 46307 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Tree Farm Mixed-Use Planned Unit Development (MPUD), Ordinance 07-54, as amended, by requesting deviations from LDC Section 5.06.04.G.2.a, which limits off-premise directional signs to 12 square feet in area to instead allow an off-premise directional sign with up to 50 square feet of sign area and from Sections 5.06.04.G.2.c and 5.06.04.G.3, which requires off-premise directional signs to be located a mninimum of 10 feet to a property line and a minimum of 50 feet to the adjacent residential zoning district, respectfully, to instead allow an off-premise directional sign to have a zero-foot setback to the residential tract to the north for the benefit of the Tree Farm Apartments. GEOGRAPHIC LOCATION: The Tree Farm MPUD comprises 58.84± acreslocated at the northwest quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. (see location map on following page) 3.B.a Packet Pg. 161 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 2 of 9 September 25, 2021 3.B.a Packet Pg. 162 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 3 of 9 September 25, 2021 PURPOSE AND DESCRIPTION OF PROJECT: Subsequent to the approval for Tree Farm Apartments (SDP-PL20190002847), comprising 18.59 acres and 286 multi-family dwelling units located within Tract B and L-1 of the Tree Farm Subdivision (PB 68; PG 90-94), the County approached the developer about revising the southern access easement at Colllier Boulevard to accommodate a proposed traffic circle. Said traffic circle is intended to improve access to development within the Heritage Bay PUD on the East Side of Collier Boulevard. To accommodate for the traffic circle the applicant is requesting an Insubstantial Change to the Tree Farm MPUD to amend Section 6.8 to include deviations for an off -premise directional sign for Tree Farm Apartments, to be located within the existing access and sign easement (OR 5771, PG 1841) on Tract C, immediately south of Tract B (see Attachment D). WPPI Naples TF, LLC (the applicant) is responsible for maintenance of the sign. Due to location, an On- Premise sign is not feasible and as such the applicant is pursuing an Off-Premise Directional Sign. Said Off-Premise Directional Sign has been designed to be consistent with the development standards for an On-Premise Residential Sign (LDC Section 5.06.04 B.6) as it relates to size, sign area and setbacks. An On Premise Residential Sign is permitted to be up to 8 feet in height, 64 square feet in sign area and must be setback a minimum of 10 feet from property lines. LDC Section 5.06.04 G allows for Off-Premise Directional Signs; however, deviations are necessary to accommodate the proposed sign which satisfies On-Premise requirements. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: North: Tree Farm Apartments (SDP-PL20190002847), 286± dwelling units within a Residential component of the Tree Farm MPUD East: Collier Boulevard Extension (Right-of-Way) Right-of-Way then property allocated “GOV” (General Government, Utilities, EMS, Fire & Sheriff Substation within the Heritage Bay PUD, Ordinance 03-40, as amended South: Seychelles Avenue (Right-of-Way) followed by single-family residences within a Rural Agricultural (A) zoning district West: Right-of-Way and Access Easement located within a Commercial/Mixed-Use component of the Tree Farm MPUD 3.B.a Packet Pg. 163 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 4 of 9 September 25, 2021 3.B.a Packet Pg. 164 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 5 of 9 September 25, 2021 STAFF ANALYSIS: Comprehensive Planning: Approximately 18.69 acres of the Tree Farm MPUD are designated Urban – Commercial District, Mixed Use Activity Center Subdistrict (#3). The remaining ±40.15 acres of this MPUD are designated Urban – Mixed Use District, Urban Residential Subdistrict and are within a Residential Density Band as identified on the Future Land Use Map of the Growth Management Plan (GMP). Ordinance #07-54 approved 425 DUs and no amendment is being requested to the density. The applicant is requesting Deviation #5 for one off-premise sign to be located within the existing access and sign easement or on the northern boundary of the C/MU tract C - adjacent to Collier Blvd. to provide project signage for the Residential Tract to the North (Tree Farm Tract B). It may deviate with maximum square feet and have a 0' setback to the residential tract to the north. The Growth Management Plan does not address signage in the Mixed Use Activity Center #3.; therefore, it is consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD petition are being proposed. The proposal is consistent with the CCME. Environmental Review: Environmental Planning staff has reviewed this petition. None of the existing preserve areas will be impacted by the proposed petition. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Document and found no issue with consistency. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial changes to a PUD Document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. 3.B.a Packet Pg. 165 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 6 of 9 September 25, 2021 b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, there is no increase to the size of areas used for non-residential uses and no relocation of non-residential uses proposed. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment pertaining to traffic generation, traffic circulation, or impacts on other public facilities. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the request does not change the land use activities and does not generate a higher level of vehicular traffic. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the request does not result in a requirement for increased stormwater retention or increased stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other 3.B.a Packet Pg. 166 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 7 of 9 September 25, 2021 elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document are consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. This project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provided above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? (PUD and Rezone Findings are attached to this Staff Report as Attachment B.) No, the proposed change does not affect the original analysis and findings for the most recent zoning action in Petition PUDZ-05-AR-8284. An excerpt from the staff report prepared for that petition is attached as Attachment B. Attachment B contains the PUD and Rezoning Findings from Petition PUDZ-05-AR-8284. DEVIATION DISCUSSION: The petitioner is seeking relief from three requirements of the LDC by means of proposing a single deviation. Said LDC deviation will to amend Section 6.8 of the existing MPUD document by adding Subsection E, Deviation #5. The petitioner’s justification and staff analysis/recommendation are outlined below. 3.B.a Packet Pg. 167 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 8 of 9 September 25, 2021 Proposed Deviation #5 One off-premise sign may be located within the existing access and sign easement (OR 5771, PG 1841) on the northern boundary of the C/MU tract (Tree Farm Tract C) adjacent to Collier Boulevard to provide project signage for the Residential Tract to the north (Tree Farm Tract B) as depicted on Exhibit C within Attachment A. The off-premise sign may deviate from section 5.06.04.G.2.a which limits off-premise directional signs to 12 square feet in sign area to instead allow a maximum of 50 square feet in sign area. The off-premise sign may deviate from section 5.06.04.G.2.c and section 5.06.04.G.3 which require the sign to be a minimum of 10 feet to a property line and a minimum 50 feet to adjacent residential zoning district, respectively, to instead allow the sign to have no minimum (zero feet) distance to the residential tract to the north. Petitioner’s Justification: The deviations will allow the Tree Farm Apartment’s main project sign to be located near the primary access and provide sufficient visibility at the proposed Collier Boulevard traffic circle. The relocation of the southern access to the Tree Farm Apartments project is necessary for the County’s traffic circle improvements on Collier Boulevard. This access road provides the primary entrance into the Apartment development. The access road is being moved to the south, away from the multi-family project (tract B), in cooperation with the County to construct a traffic circle on Collier Boulevard. The traffic circle on Collier Boulevard is subject to a developer agreement between Collier County and the Tree Farm developers. The existing easement (OR 5771, PG 1841) allows for the placement of the sign and enhanced landscaping. By locating the sign in the Sign Easement, it is now considered an off-premise sign by the LDC as opposed to an on-premise residential sign. The deviations allow the off-premise sign to function as an on-premise residential sign (LDC Section 5.06.04 B.6) as it relates to size, sign area and setbacks; the requested off-premise sign is in lieu of placing an on-premise residential sign. An on-premise residential sign is permitted to be up to 8 feet in height, 64 square feet in sign area and must be setbacka minimum of 10’ from property lines. LDC Section 5.06.04 G allows for off-premise directional signs; however, deviations are necessary to allow a sign that is consistent with standards for an on- premise residential sign. Staff Analysis and Recommendation: Zoning staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on August 5, 2021 at St. Monica’s Episcopal Church, at 7070 Immokalee Road, Naples, Florida, 34134; an option to attend remotely was provided. Attending were two interested persons, County staff, and the applicant’s team. Questions were taken at the conclusion of the 3.B.a Packet Pg. 168 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) PDI-PL20210000868 Tree Farm MPUD Page 9 of 9 September 25, 2021 presentation and the meeting was subsequently closed at 5:50 PM. (See Attachment D) RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20210000868 with the understanding that the contents of Attachment A be included as part of any Final Decision. Attachments: A) Revised Exhibit E for Russell Square RPUD – List of Deviations and Master Plan B) PUD and Rezone Findings - PUDZ-05-AR-8284 C) SDP-PL20190002847 Zoning Data Sheet D) Applicant’s Backup – Application, Justification, NIM and Posting Information E) HEX Hybrid Meeting Waivers 3.B.a Packet Pg. 169 Attachment: Staff Report PDI-PL20210000868 09252021 (20189 : PL20210000868 PDI Tree Farm MPUD) Underline Text is Added Tree Farm MPUD – PL20210000868 Strike-through Text is Deleted Last Revised: June 11, 2021 Page 1 of 2 LIST OF REQUESTED DEVIATIONS FROM THE LDC TREE FARM MPUD * * * * * * * * * * * * * 6.8 DEVIATIONS A. Deviation #1 At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50’). Deviation #1 from section 6.06.01 (O) of the LDC. Utilization of lands within all project right-of-way for landscaping. Decorative entranceway and signage may be allowed subject to review and administrative approval by the community development and environmental services administrator, or his designee, for engineering and safety considerations prior to installation. [Approved in Ord. 07-54] B. Deviation #2 Relief from LDC Section 5. 03. 02. C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/ berm shall be minimum of 3' in height. [Approved in Ord. 07- 541] C. Deviation #3 Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in location depicted on the MPUD master plan (Exhibit " A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument, which it is located. If the sign is two-sided, each sigh shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. [Approved in Ord. 07- 541] D. Deviation #4 One off-premises sign may be located to west of the tree farm MPUD generally located near the access to collier boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in section 5.06.04.G.2.a., but may not exceed 16 square feet in size, and may also deviate from section 5.06.04.G.2.e., which requires such off-site signs to 3.B.b Packet Pg. 170 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) Underline Text is Added Tree Farm MPUD – PL20210000868 Strike-through Text is Deleted Last Revised: June 11, 2021 Page 2 of 2 be located within 1, 000 feet of the intersection of the arterial roadway serving the building, structure or use. [Approved in Ord. 07- 541] E. Deviation #5 One off-premise sign may be located within the existing access and sign easement (OR 5771, PG 1841) on the northern boundary of the C/MU tract (Tree Farm Tract C) adjacent to Collier Boulevard to provide project signage for the Residential Tract to the north (Tree Farm Tract B) as depicted on Exhibit C. The off-premise sign may deviate from section 5.06.04.G.2.a. which limits off-premise directional signs to 12 square feet in sign area to instead allow a maximum of 50 square feet in sign area. The off-premise sign may deviate from section 5.06.04.G.2.c. and section 5.06.04.G.3. which require the sign to be a minimum of 10 feet to a property line and a minimum 50 feet to adjacent residential zoning district, respectfully, to instead allow the sign to have no minimum (zero feet) distance to the residential tract to the north. * * * * * * * * * * * * * 3.B.b Packet Pg. 171 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.b Packet Pg. 172 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 6/8/2021 9:11:26 AM] [By: AAvila] [Plot Date: 6/8/2021 9:11:54 AM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Archived_Projects\P-BROK-001\001_Tree_Farm_PUD\Design_Permit\Drawings-Civil\Exhibits\X17-Tree_Farm_MPUD\REV08\P-BROK-001-001-X17.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD CHUWLILFDWH RI AXWKRUL]DWLRQ SCHEDULE OF DEVIATIONS DEVIATION 1: AT THE DISCRETION OF THE DEVELOPER, THE MINIMUM RIGHT-OF-WAY WIDTH TO BE UTILIZED FOR ALL INTERNAL PROJECT STREETS MAY BE FIFTY FEET (50'). DEVIATION #1 FROM SECTION 6.06.01(O) OF THE LDC. UTILIZATION OF LANDS WITHIN ALL PROJECT RIGHT-OF-WAY FOR LANDSCAPING. DECORATIVE ENTRANCEWAY, AND SIGNAGE MAY BE ALLOWED SUBJECT TO REVIEW AND ADMINISTRATIVE APPROVAL BY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR, OR HIS DESIGNEE, FOR ENGINEERING AND SAFETY CONSIDERATIONS PRIOR TO INSTALLATION. DEVIATION 2: DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.03.02.C, WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6' IN RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL COMPONENTS OF A PUD, TO ALLOW A MAXIMUM WALL HEIGHT OF 8' ALONG THE PERIMETER OF THE PUD, AND ALLOW A 12' WALL/BERM COMBINATION WITHIN RESIDENTIAL PORTIONS OF THE PUD ALONG COLLIER BOULEVARD. THE BERM PORTION OF THE 12' WALL/BERM SHALL BE MINIMUM OF 3' IN HEIGHT. DEVIATION 3: BOUNDARY MARKER MONUMENTS CONTAINING PROJECT IDENTIFICATION SIGNS DESIGNED TO IDENTIFY THE PROJECT, OR ANY MAJOR USE WITHIN THE PROJECT, SHALL BE PERMITTED IN LOCATION DEPICTED ON THE MPUD MASTER PLAN (EXHIBIT "A"). SAID BOUNDARY MARKER MONUMENT SHALL NOT EXCEED 6 FEET IN HEIGHT AS MEASURED FROM FINISHED GRADE AT THE LOCATION OF THE BOUNDARY MARKER MONUMENT. THE SIGN FACE AREA FOR SUCH BOUNDARY MARKERS SHALL NOT EXCEED 64 SQUARE FEET IN AREA AND SHALL NOT EXCEED THE HEIGHT OR LENGTH OF THE MONUMENT WHICH IT IS LOCATED. IF THE SIGN IS TWO-SIDED, EACH SIGH SHALL NOT EXCEED 64 SQUARE FEET IN AREA. EACH SIGN SHALL ONLY CONTAIN THE MAIN PROJECT NAME, INSIGNIA OR MOTTO OF THE ENTIRE DEVELOPMENT, AND THE DEVELOPER'S NAME AND LOGO. BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A MINIMUM OF 10 FEET FROM ANY MPUD PERIMETER PROPERTY LINE. DEVIATION 4: ONE OFF-PREMISES SIGN MAY BE LOCATED TO WEST OF THE TREE FARM MPUD GENERALLY LOCATED NEAR THE ACCESS TO COLLIER BOULEVARD FROM THE PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF TREE FARM MPUD. THE OFF-PREMISE SIGN MAY DEVIATE FROM THE MAXIMUM 12 SQUARE FOOT SIZE SET FORTH IN SECTION 5.06.04.C.15.B.I.G.2.A., BUT MAY NOT EXCEED 16 SQUARE FEET IN SIZE, AND MAY ALSO DEVIATE FROM SECTION 5.06.04.C.15.B.VG.2.E., WHICH REQUIRES SUCH OFF-SITE SIGNS TO BE LOCATED WITH IN 1,000 FEET OF THE INTERSECTION OF THE ARTERIAL ROADWAY SERVING THE BUILDING, STRUCTURE OR USE. DEVIATION 5: ONE OFF-PREMISE SIGN MAY BE LOCATED WITHIN THE EXISTING ACCESS AND SIGN EASEMENT (OR 5771, PG 1841) ON THE NORTHERN BOUNDARY OF THE C/MU TRACT (TREE FARM TRACT C) ADJACENT TO COLLIER BOULEVARD TO PROVIDE PROJECT SIGNAGE FOR THE RESIDENTIAL TRACT TO THE NORTH (TREE FARM TRACT B) AS DEPICTED ON EXHIBIT C. THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.A. WHICH LIMITS OFF-PREMISE DIRECTIONAL SIGNS TO 12 SQUARE FEET IN SIGN AREA TO ALLOW A MAXIMUM OF 50 SQUARE FEET IN SIGN AREA. THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.C. AND SECTION 5.06.04 G.3 WHICH REQUIRE THE SIGN TO BE A MINIMUM OF 10 FEET TO A PROPERTY LINE AND A MINIMUM 50 FEET TO ADJACENT RESIDENTIAL ZONING DISTRICT, RESPECTFULLY, TO INSTEAD ALLOW THE SIGN TO HAVE NO MINIMUM (ZERO) DISTANCE TO THE RESIDENTIAL TRACT TO THE NORTH. MPUD MASTER PLAN NOTES 1.THE AMOUNT OF REQUIRED OPEN SPACE IS 30%. 2.WITHIN THE MPUD BOUNDARIES THERE WILL BE A MINIMUM OF 15.43 AC OPEN SPACE [30% OF 51.43 (58.84 - 7.42 ROW CONVEYANCE.)] 3.THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 4.THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER SITE DEVELOPMENT PLAN APPROVAL, OR CONSTRUCTION PLANS AND PLAT APPROVAL. 5.THE PROJECT SHALL BE DESIGNED TO PROVIDE VEHICULAR, PEDESTRIAN AND BICYCLE CONNECTIVITY BETWEEN RESIDENTIAL AND MIXED USED/COMMERCIAL AND TO ADJACENT PROPERTY TO THE WEST. 6.BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A MINIMUM OF 10 FEET FROM ANY PERIMETER MPUD PROPERTY LINE. LAND USE SUMMARY TRACT LAND USE ACREAGE TRACT "R"RESIDENTIAL *39.64 ± ACRES TRACT "P"PRESERVE 0.51 ± ACRES TRACT "C/MU"COMMERCIAL / MIXED USE *18.69 ± ACRES TOTAL 58.84 ± ACRES * INCLUDES ROW CONVEYANCE PRESERVE A MINIMUM OF 0.51 ACRES (25% OF THE 2.02 ACRES OF NATIVE VEGETATION ON SITE) IS REQUIRED TO BE RETAINED OR REPLANTED. THE TRACTS IDENTIFIED AS "P" CONTAINS 0.51 ± ACRES, AND FULLY SATISFIES THE NATIVE VEGETATION REQUIREMENTS. LEGEND RESIDENTIALR COMMERCIAL / MIXED USEC/MU PRESERVEP PUD INGRESS / EGRESS #DEVIATIONS WATER MANAGEMENT LAKE PRESERVE AREA BOUNDARY MARKER MONUMENTS ROW CONVEYANCE TO COLLIER COUNTY LABELED AS TRACTS A, B AND C. (SEE SECTION 6.3.C) TREE FARM MPUD MPUD MASTER CONCEPT PLAN NOTES TBC TREE FARM 1, LLC & TBC TREE FARM 2, LLC 22 48 26 ALEJANDRO AVILA ALEJANDRO AVILA MARCH 2021 N.T.S. P-BROK-001 P-BROK-001-001-X17 C-X17 02 02 MAXIMUM DENSITY AND INTENSITY 460 MULTI-FAMILY / SINGLE FAMILY ATTACHED / TOWNHOUSE AND / OR SINGLE FAMILY DETACHED RESIDENTIAL DWELLING UNITS. PLUS 250 HOTEL UNITS, 150 ALF UNITS, 105,000 SF OF INDOOR SELF STORAGE AND 80,000 SF COMMERCIAL USES. ALL SUBJECT TO SECTION 6.3.K 3.B.b Packet Pg. 173 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) X CLUBHOUSE(F.F ELEV = 17.1 FT-NAVD)21'± 150' COLLIER BLVD R.O.W.EX. 65' ACCESS ANDSIGN EASEMENT (REF.O.R. 5771, PG. 1841)FRAME WALL SCALE:1" = 50'TRACT C TREE FARM APARTMENTS (TRACT B) SIDEWALK ACCESS EASEMENT SIGN 10' 14.5' Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 6/3/2021 9:52:18 AM] [By: Aschaffer] [Plot Date: 6/3/2021 1:28:19 PM] [By: Anton Schaffer] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BROK-003\001_Tree_Farm_PPL\Drawings-Civil\Exhibits\X16-Sign_Relocation\Rev01\P-BROK-003-001-X16.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD CHUWLILFDWH RI AXWKRUL]DWLRQ TREE FARM APARTMENTS SIGN LOCATION EXHIBIT C WPPI NAPLES TF, LLC. 22 48S 26E ANTON SCHAFFER ANTON SCHAFFER JUNE 2021 1" = 50' P-BROK-003-001 P-BROK-003-001-X16 C-X16 01 01 TREE FARM APARTMENTS BOUNDARY (TYP) (COMMERCIAL) (RESIDENTIAL) 3.B.b Packet Pg. 174 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) Sheet Number:of File Number: Project Number: Horizontal Scale: Date: Drawn by: Designed by: B 1 1 E D C A 2 2 3 3 4 4 5 5 6 6 PROFESSIONAL ENGINEER: FLORIDA LICENSE NUMBER: CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Engineering Certificate of Authorization #28275 Florida Landscape Certificate of Authorization #LC26000632 PROJECT: SHEET TITLE: PREPARED FOR: REVISIONS: GRAPHIC SCALE: PROFESSIONAL SEALS:[Save Date: 2/6/2021 11:31:20 AM] [Saved By: SSammons] [Plot Date: 4/30/2021 10:10:07 AM] [Plotted By: Steve Sammons] [Original Size: 24x36] [Drawing Path: p:\active_projects\p-whte-003\001_enhanced_la_tree_farm_apartments\drawings-la\Active\sheet_files\P-WHTE-003-001-L-104.dwg]VERIFY ALL DIMENSIONS SHOWN ON THESE DRAWINGS TO CONFIRM PROPER SCALE PRIOR CONSTRUCTION. REPORT ANY ERRORS OR OMISSIONS TO PENINSULA ENGINEERING. NORTH No:Revision:Date: STEVE SAMMONS LA0001394 STEVE SAMMONS STEVE SAMMONS FEBRUARY 2021 P-WHTE-001-001 P-WHTE-003-001-L-104 L-104 04 27 WPPI NAPLES TF, LLC. TREE FARM APARTMENTS MAIN ENTRY DETAILS (A) SCALE: DECORATIVE CURVILINEAR WALL DT-CURVILINEAR WALL.dwg 1" = 1'-0" NOTE: STRUCTURAL BY OTHERS. PROVIDE SHOP DRAWINGS FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO INSTALLATION/CONSTRUCTION. SECTION3'-6"8" CMU WALL WHITE STUCCO FINISH (FRONT, BACK AND TOP) SCALE: SIGN WALL DT-SIGN WALL.dwg 1/2" = 1'-0"3'-0"12'-0"7'-6"16'-0"12'-0"WHITE STUCCO WALL WITH GRAY CAP TALLER WALL SET BACK 2' FROM SIGN WALL (SEE FRAME WALL ELEVATION DETAIL) FINISH GRADE4"4"8" PRECAST CAP 4" HT X 9" WIDE 7'-6"8" CMU WALL NOTE: VERIFY TOP OF WALL IS NO MORE THAN 8'-0" ABOVE ADJACENT ROADWAY GRADE AT ROAD CENTERLINE PAINTED STUCCO FINISH ELEVATION SECTION 9"4"2"4"NOTE: STRUCTURAL BY OTHERS. PROVIDE SHOP DRAWINGS FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO INSTALLATION/CONSTRUCTION. 12" x 24" BACKGROUND WALL TILE - SEE NOTE NOTE: BLACK BACKGROUND TILE TO BE DALTILE PORCELAIN INFUSION FIELD TILE WENGE 12" x 24", BLACK WENGE # IF6612241P WITH CUSTOM BUILDING PRODUCTS # 370 DOVE GRAY GROUT 14" HT. x 3 8" BRUSHED ALUMINUM LETTERING PIN MOUNT - PROVIDE OPTION ALLOWANCE FOR LED BACKLIGHTING SCALE: FRAME WALL DT-FRAME WALL.dwg 1/2" = 1'-0"12'-0"1'-6"10'-6"2'-0"12'-6"1'-6" 16'-0" FINISH GRADE STUCCO - SCORED AND PAINTED TO MATCH CLUBHOUSE ARCHITECTURE PAINTED STUCCO (GRAY TO MATCH ARCHITECTURE) STRUCTURAL AS REQUIRED 12'-0"12" CMU WALL STUCCO FINISH (FRONT, BACK AND TOP) SECTION NOTE: SEE SHEET L-127 FOR STRUCTURAL DETAILS 3.B.b Packet Pg. 175 Attachment: Attachment A - Deviations and Master Concept Plan (20189 : PL20210000868 PDI Tree Farm MPUD) REZONE FINDINGS PETITION PUDZ-05-AR-8284, TREE FARM MPUD Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located within the Urban-Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15+ acres, inclusive of the acreage reserved for future ROW, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the Future Land Use Map of the Growth Management Plan. Specific development requirements are established in the GMP, and the RPUD Application contains appropriate references assuring compliance with the provisions of the FLUE. Con: The adjacent and nearby residents may deem the proposed maximum height of 50- feet to be incompatible with the adjoining residential properties. Findings: Based on the staff’s review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and addresses the need for affordable and workforce housing. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staff report show the Tree Farm MPUD site is located between existing developed or developing residential and commercial properties. GMP FLUE Policy 7.1 encourages developers to connect to fronting collector and arterial roads, which this site will provide access to the property from Collier Boulevard extension. In addition, FLUE Policy 7.3 encourages internal access or loop roads in an effort to reduce vehicle congestion on nearby collector/arterial roads. As a result, this project proposes a shared access with the property to the west. Con: The petitioner’s proposes residential uses that are at a higher density and may be deemed not compatible with the adjoining residential land uses in activity intensity. Findings: Staff believes that the petition has provided adequate ameliorating factors to offset the adverse impacts from the proposed land uses and density. 3.B.c Packet Pg. 176 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) EXHIBIT “A” 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The Tree Farm MPUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Review staff indicates that since the applicable adequate public facilities either exist or will be provided and that the petition is willing to phase the start and approval of the development upon the completion of critical facilities, the amendment will not create an isolated district Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a commercial district which is compatible with the adjacent and nearby zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site adjoins a future six lane County roadway Collier Boulevard (CR 951) to the east, future residential planned development to the north and west, and a six lane County roadway Immokalee road, then planned mixed use development to the south, and proposed planned mixed use development to the east. The subject site basically fits within an area that is undeveloped. Con: None Findings: The mixed use parcel boundaries are logically drawn and they are consistent with the Urban-Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15+ acres, inclusive of the acreage reserved for future ROW, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the Future Land Use Map of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because is does not change the land use which continue to be in harmony with the GMP Future Land Use for the development of Activity Center #3 and the “Density Band” around the activity center. Con: The proposed petition was a voluntary action by the petitioner’s selection of the subject property. This site requires the BCC to make a finding that the project is consistent with the GMP, LDC. 3.B.c Packet Pg. 177 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: The proposed Tree Farm MPUD is compatible with adjacent land uses due to the ameliorating element provided through landscaping buffering along the boundaries of the mixed use development area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County’s current land use policies in the F.L.U.E. support the action to encourage the concentration of commercial activities at major roadway intersection or activity center. It also provides incentives for the development of residential development within and near these activity centers. Con: Some of the surrounding residential home owners may oppose the construction of additional commercial and residential activities in this area. Findings: The proposed Tree Farm MPUD is compatible with adjacent land uses and consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan Transportation Element. The project is located at the North West corner of the Immokalee Road and Collier Boulevard intersection. The intersection and approaching roadways are all currently under construction and anticipated to be substantially complete by the 1st quarter of 2009. The project traffic is consistent with policy 5.1 of the transportation element in the GMP on the immediately adjacent roadway network. The next impacted links on both Immokalee Road and Collier Boulevard have not been let for construction but are scheduled within the 5 year planning period for construction. The Immokalee Road and I-75 interchange is included in the approved I-75 contract. Collier Boulevard south of Golden Gate Boulevard is currently in the design phase and included in the 2008 construction schedule. The development has coordinated with the adjacent properties and Collier County Transportation staff to provide access and interconnection to facilitate traffic circulation. Staff has reviewed the project with respect to the future needs of the Collier Boulevard (CR-951) and Immokalee Road intersection with respect to the Sing Point Urban Interchange concept (SPUI) plan and consideration for the extension of CR-951. The developer has agreed to donate, at no cost to the County, significant right of way for the intersection and roadway extension. The total right of way donation is approximately eight acres. The developer has also agreed to provide water management for the entire property frontage along the future CR-951 for half of the roadway storm water needs. The other half of the roadway water management is being provided for within Heritage Bay. The developer has agreed to construct the greenway adjacent to his site and provide parking for 3.B.c Packet Pg. 178 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) access to the greenway. The applicant has also agreed to pay his fair share with the adjacent developments to facilitate significant bridge improvements on the north side of the intersection. Con: None Findings: Transportation staff has reviewed the project and finds it consistent with policy 5.1 of the Transportation Element in the GMP with respect to capacity available and proposed additional mitigation. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that this petition could adversely affect property values based on the projects incompatibility to the Land Development Code and the adjoining property as identified previously. 3.B.c Packet Pg. 179 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban-Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15+ acres, inclusive of the acreage reserved for future ROW, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the Future Land Use Map of the Growth Management Plan. The purpose of this subdistrict is to provide for higher densities of mixed uses in Activity Center #3 with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban- Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15+ acres, inclusive of the acreage reserved for future ROW, are designated Urban- Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the FLUM of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The existing Rural Agricultural (A) zoning does not provide the variety of permitted land uses or density needed to develop the subject property for commercial and residential uses. Con: None 3.B.c Packet Pg. 180 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: The proposed rezone conforms to the future land use element of the GMP because it will be used in accordance with the Future Land Use Element of the GMP for Activity Center Subdistrict #3 and the “Residential Density Band” area around the Activity Center. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed zoning amendment meets all objective criteria set forth for the GMP Future Land Use Element Policy 5.3 and conforms to the purpose and intent of the GMP and all its elements. Con: None Findings: The proposed zoning is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 17. The impact of development on the availability of adequate public facilities and services, consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable 3.B.c Packet Pg. 181 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC, public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. FINDINGS FOR PUD PETITION PUDZ-05-AR-8284, TREE FARM MPUD Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with commercial and residential uses and the petition is for mixed commercial and residential uses. The petitioner is setting aside a preserve area and has agreed to provide a future interconnect to property to the west, and has agreed to provide approximately 8.0+ acres of land for the future extension of Collier Boulevard. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by commercial and residential uses at a density that is lower than the proposed residential petition. Findings: The proposed change increases density but meets the criteria provided for in Activity Center Subdistrict #3. The petition will be in compliance with all county regulations; therefore the project is suitable for the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable Findings: Documents submitted with the Tree Farm MPUD application provide evidence of unified control. The Land Development Code and the Ordinance of Adoption makes appropriate provisions for continuing operation and maintenance of common areas. 3.B.c Packet Pg. 182 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the Application for Tree Farm MPUD that it will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: None EXHIBIT “B” Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed mixed use criteria of Activity Center Subdistrict #3 consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed. Such mixed use projects are intended to be developed at a human- scale, pedestrian-oriented, and interconnected with adjacent projects – whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center, the eligible density is 16 dwelling units per acre. The actual residential development proposed within the boundaries of the Activity Center is 44 units (2.35 Dwelling Units/Acre) with the remaining 100 units to be shifted/developed outside the Activity Center boundaries, contrary to the FLUE provision above. As proposed, this shifting/reallocation of units from the Activity Center acreage to the lands outside the Activity Center boundaries increases the overall density on these lands from 7 Dwelling Units/Acre to 9.48 Dwelling Units/Acre or 281 units to 381 units. residential development provides 238 dwelling units Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of thirty percent. Con: None 3.B.c Packet Pg. 183 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. The proposed Tree Farm Road MPUD is compatible with adjacent land uses due to the ameliorating element provided through landscaping buffering along boundaries of the mixed use and residential development area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable Findings: The proposed Tree Farm MPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: The petitioner has submitted a request for three deviations within the PUD Document. • A deviation seeks relief from the required 60-foot wide local road right-of-way. The petitioner is proposing that the private roadway shall have a 50 foot right-of-way width. • A deviation seeks relief from the number of model homes permitted within a project to a maximum of five. The petitioner is proposing a maximum of ten model homes not be exceeded. • A deviation seeks relief from the maximum sign are allowed for off-premises directional signs of the required maximum of 12 square feet, and the requirement that the off-premise sign be located within 1,000-feet of the intersection of the arterial roadway providing access to the building . The petitioner proposes to all a maximum of 16 square feet and the off-premise sign be located within 1,320-feet of the intersection of the arterial roadway providing access to the building. Con: The requirements provided within the LDC are applicable for the health, safety and welfare of the citizens and visitors of Collier County 3.B.c Packet Pg. 184 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) Findings: Staff is supportive of Deviation No. 1 with the stipulation that the streets shall remain private. The proposed interior roadway system is privately maintained. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community.” The staff is not supportive of Deviation #2 or Deviation #3. 3.B.c Packet Pg. 185 Attachment: Attachment B - PUD and Rezone Findings PUDZ-05-AR-8284 (20189 : PL20210000868 PDI Tree Farm MPUD) X X X X X X X X X X X X X X X RAMP1:20 (MAX) X X X X X X X X X X X X X X FUTURE MULTI-FAMILYRESIDENTIAL TRACT "B"(18.59 AC)SCALE:1" = 60' 1 2 3 4 1 1 1 1 1 1 1 1 1 1 1 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X CLUBHOUSE (F.F ELEV = 17.1 FT-NAVD) BUILDING #3 (F.F ELEV = 17.1 FT-NAVD) (4 STORY - 52 UNITS) BUILDING #2 (F.F ELEV = 17.1 FT-NAVD) (4 STORY - 52 UNITS) BUILDING #1 (F.F ELEV = 17.1 FT-NAVD) (4 STORY - 52 UNITS) BUILDING #4 (F.F ELEV = 17.1 FT-NAVD) (4 STORY - 52 UNITS) BUILDING #5 (F.F ELEV = 17.1 FT-NAVD) (4 STORY - 52 UNITS) BUILDING #6 (F.F ELEV = 17.1 FT-NAVD) (2 STORY - 26 UNITS)DOG PARK 50'x60' TOT LOT 50'x30'GARAGE #12(F.F. ELEV = 16.7 FT-NAVD)(8 UNITS)GARAGE #11(F.F. ELEV = 16.7 FT-NAVD)(8 UNITS)GARAGE #10(F.F. ELEV = 16.7 FT-NAVD)(8 UNITS)GARAGE #9 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #8 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #7 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #6 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #5 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #2 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #1 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) GARAGE #4 (F.F. ELEV = 16.7 FT-NAVD) (7 UNITS) GARAGE #3 (F.F. ELEV = 16.7 FT-NAVD) (8 UNITS) ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES (RPUD) ADDISON PLACE BUILDING 5 (MPUD) EX. LAKE #1 C.E. = 11.46 FT-NAVD (AREA @ C.E. = 3.6 AC) 6 8 6 10 5 79 10 5 6 9 10 10 10 10 10 10 1010 6 10 9 6 10 10 10 10 10 10 10 10 10 10 10 6 7 7 4 5 5 9 6 6 9 5 39 4 55 6 4 66 4 5 6 5 4 2 1 8 8 7 8 8 8 8 8 8 88 FRONT SETBACK 15' (REQD) 49.4' (PROV) SIDE SETBACK 10' (REQD) 97.8' (PROV) FRONT SETBACK 15' (REQD) 28.7' (PROV)FRONT SETBACK15' (REQD)277.1' (PROV)REAR SETBACK 20' (REQD) 47.9' (PROV) SIDE SETBACK 10' (REQD) 53.3' (PROV) REAR SETBACK 20' (REQD) 69' (PROV) REAR SETBACK 20' (REQD) 69' (PROV) REAR SETBACK 20' (REQD) 69' (PROV) SIDE SETBACK 10' (REQD) 79.9' (PROV) 25' 10'10'10'10'10'10' 124.3'69.6' 48' 65.1'40.6'43.1'46.9'68.3'49.2'40.6'50' 50' 58'41.7'40.6'76'SIDE SETBACK 10' (REQD) 137.4' (PROV) SIDE SETBACK 10' (REQD) 176.2' (PROV)BROKEN BACK ROAD(PRIVATE A.E.) (O.R. 5771, PG. 1)EX. 60' ACCESS EASEMENT 129.5'EX. 20' LAKE MAINTENANCE EASEMENT EX. 20' LAKE MAINTENANCE EASEMENT EX. 20' TYPE "D" L.B.E. 16' C.U.E.18' C.U.E. 25' C.U.E. 24' C.U.E. 14' C.U.E. 28' C.U.E. 14' C.U.E. COLLIER COUNTY UTILITY AND ACCESS EASEMENT EX. 10' TYPE "A" L.B.E. ACCESS EASEMENT PER A SEPARATE INSTRUMENT EX. 10' TYPE "D" L.B.E. / P.U.E. EX. 10' TYPE "A" L.B.E. TRACT / PROJECT BOUNDARY (TYP) TRACT / PROJECT BOUNDARY (TYP)24'(TYP)18' (TYP) 9' (TYP) 24' (TYP) 5' (TYP)12' (TYP) 24' (TYP) 24' (TYP) 24' (TYP ) 12' (TYP) 5' (TYP) 24' (TYP) 18' (TYP) 9' (TYP) 24' (TY P ) 24' 5' CONCRETE SIDEWALK (TYP) 5' CONCRETE SIDEWALK (TYP) 6' CONCRETE SIDEWALK (TYP) TRASH COMPACTOR EX. 10' TYPE "D" L.B.E / P.U.E. 1106 1206 1306 1406 1105 1205 1305 1405 1107 1207 1307 1407 1104 1204 1304 1404 1108 1208 1308 1408 1109 1209 1309 1409 1101 1201 1301 1401 1102 1202 1302 1402 1113 1213 1313 14131103120313031403111212121312141211111211131114111110121013101410 2101 2201 2301 2401 2113 2213 2313 2413 2102 2202 2302 2402 2112 2212 2312 2412 2111 2211 2311 2411 2110 2210 2310 2410 2109 2209 2309 2409210822082308240821072207230724072106 2206 2306 2406 2105 2205 2305 2405 2103 2203 2303 2403 21042204230424043101 3201 3301 3401 3113 3213 3313 3413 3102 3202 3302 3402 3112 3212 3312 3412 3111 3211 3311 3411 3110 3210 3310 3410 3109 3209 3309 3409 310832083308340831073207330734073106 3206 3306 3406 3105 3205 3305 3405 3103 3203 3303 3403 31043204330434044106 4206 4306 4406 4105 4205 4305 4405 4107 4207 4307 4407 4104 4204 4304 4404 4108 4208 4308 4408 4109 4209 4309 4409 4101 4201 4301 4401 1102 1202 1302 1402 4113 4213 4313 4413 41034203430344034112421243124412411142114311441141104210431044105101 5201 5301 5401 5113 5213 5313 5413 5102 5202 5302 5402 5112 5212 5312 5412 5111 5211 5311 5411 5110 5210 5310 5410 5109 5209 5309 5409 510852085308540851075207530754075106 5206 5306 5406 5105 5205 5305 5405 5103 5203 5303 5403 51045204530454046101 6201 6113 6213 6102 6202 6112 6212 6111 6211 6110 6210 6109 6209 6108 6208 6107 6207 6106 6206 6105 6205 6103 6203 6104 6204 EX. 150' PUBLICR.O.W.EX. 10' DRAINAGE EASEMENT 40'x71 C.U.E. FUTURE RESIDENTIAL TRACT "A" FUTURE COMMERCIAL TRACT "C" REFERENCE TREE FARM PPL PLANS (PL20180003592) FOR LITTORAL AREA REQUIREMENTS AND DETAILS 2 2 22 2 2 EX. 15' TYPE "B" L.B.E. EX. 65' A.E. (O.R. 5771, PG. 1841)EX. 10' TYPE "D" L.B.E / P.U.E. POOL EX. 15' D.E. EX. 15' D.E. EX. 15' D.E. EX. 15' D.E. EX. 15' D.E. EX. 15' D.E. COLLIER BOULEVARD (PUBLIC / COLLIER COUNTY R.O.W.) EXISTING CONCRETE WALL (TYP) OPEN AIR DOG WASH COURTYARDS / SEATING AREAS (TYP) 5' CHAIN LINK FENCE (TYP) 5' CHAIN LINK FENCE (TYP) STORAGE FOR RECYCLING TOTENS PROJECT BOUNDARY (TYP) PROJECT BOUNDARY (TYP) 15' SETBACK FROM CLUBHOUSE ENTRANCE TO PARKING AREA (10' MIN. REQUIRED PER 5.05.08.C.12.b.ii) 1,065 SF SIDEWALK TO BE SURFACED IN BRICK PAVER OR STAMPED CONCRETE (AT OWNER'S DISCRETION) 10'x20' OUTDOOR SEATING AREA W/ BENCHES PEDESTRIAN ACCESS FROM PRIVATE R.O.W MAINTENANCE UNIT EX. 15' D.E.POOLEQUIPMENTCOLLIER COUNTY NATIVE VEGETATION PRESERVE (REFERENCE TREE FARM PPL PLANS PL20180003592) EXISTING COLLIER COUNTY NATIVE VEGETATION PRESERVE MARK LANE (PRIVATE)MARK LANE(PRIVATE)MARK LANE(PRIVATE)MARK LANE (PRIVATE) 500 SF COURTYARD WITH BENCHES (200 SF REQUIRED PER LDC 4.06.05.N.1.c.iii. (REF.LANDSCAPE PLANS FOR REQUIRED TREE PLANTING). 230 LF (REQUIRED 200FT) CONCRETE SIDEWALK WITH BENCHES ALONG LAKE AS REQUIRED PER LDC 4.06.05.N.1.c.i. (REF. LANDSCAPE PLANS FOR REQUIRED TREE PLANTING). PROPOSED BENCHES ALONG LAKE 3 3 3 3 REVISIONS: No:Revision:Date: 1 REVISED PER COLLIER COUNTY COMMENTS DATED ON 05/28/20 6/30/20 3 REVISED PER COLLIER COUNTY COMMENTS DATED ON 07/27/20 08/18/20 00 15'30'60'120'180' Bar Scale: 1" = 60' CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: PROFESSIONAL SEALS: Sheet Number:of File Number: Project Number: Vertical Scale: Horizontal Scale: Date: Drawn by: Designed by: City B 1 1 E D C A County:[Save Date: 8/18/2020 10:28:49 AM] [Saved By: AAvila] [Plot Date: 8/18/2020 10:29:43 AM] [Plotted By: Alejandro Avila] [Original Size: 24x36] [Drawing Path: P:\Active_Projects\P-WHTE-001\001_Tree_Farm_Apartments\Drawings-Civil\Active\Sheet_Files\P-WHTE-001-001-102PL.dwg]2 2 3 3 4 4 5 5 6 6 PROFESSIONAL ENGINEER: FLORIDA LICENSE NUMBER: SEC:RGE:TWP: NOTES: 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Engineering Certificate of Authorization #28275 Florida Landscape Certificate of Authorization #LC 26000632 TREE FARM APARTMENTS ZONING DATA SHEET AND TABLES WPPI NAPLES TF, LLC. DANIEL F. WATERS, P.E. 60746 22 48S 26E NAPLES COLLIER ALEJANDRO AVILA ALEJANDRO AVILA APRIL 2020 1" = 60' N.T.S. P-WHTE-001-001 P-WHTE-001-001-102PL C-102 04 28 DATUM NOTE: ALL ELEVATIONS ARE BASED ON NAVD 88 (NORTH AMERICAN VERTICAL DATUM OF 1988). ACCESSIBLE PARKING REQUIREMENTS TOTAL PARKING IN LOT REQUIRED PROVIDED 545 11 14 SETBACK TABLE PRINCIPAL STRUCTURE REQUIRED PRINCIPAL SETBACKS PROVIDED PRINCIPAL SETBACKS FRONT REAR SIDE PRESERVE STRUCTURE SEPARATION FRONT REAR SIDE PRESERVE STRUCTURE SEPARATION BLDG #1 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 281.3 FEET 184.3 FEET 97.8 FEET N/A 58.0 FEET BLDG #2 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 278.0 FEET 148.9 FEET 334.5 FEET N/A 41.7 FEET BLDG #3 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 278.0 FEET 148.9 FEET 525.0 FEET N/A 40.6 FEET BLDG #4 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 277.1 FEET 187.4 FEET 437.1 FEET N/A 49.2 FEET BLDG #5 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 276.7 FEET 148.9 FEET 245.4 FEET N/A 40.6 FEET BLDG #6 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 28.7 FEET 396.7 FEET 176.2 FEET N/A 68.3 FEET CLUBHOUSE 15 FEET 20 FEET 10 FEET 25 FEET 20 FEET 49.4 FEET 452.9 FEET 137.4 FEET N/A 129.5 FEET ACCESSORY STRUCTURE REQUIRED ACCESSORY SETBACKS PROVIDED ACCESSORY SETBACKS FRONT REAR SIDE PRESERVE STRUCTURE (1) SEPARATION FRONT REAR SIDE PRESERVE STRUCTURE SEPARATION GARAGE #1 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 499.2 FEET 87.7 FEET 79.9 FEET N/A 10.0 FEET GARAGE #2 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 517.5 FEET 69.0 FEET 185.8 FEET N/A 10.0 FEET GARAGE #3 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 498.7 FEET 87.7 FEET 292.7 FEET N/A 10.0 FEET GARAGE #4 AND MAINTENANCE UNIT 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 498.2 FEET 87.7 FEET 516.3 FEET N/A 40.6 FEET GARAGE #5 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 497.9 FEET 87.7 FEET 547.0 FEET N/A 10.0 FEET GARAGE #6 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 516.4 FEET 69.0 FEET 440.9 FEET N/A 10.0 FEET GARAGE #7 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 497.6 FEET 87.7 FEET 334.4 FEET N/A 10.0 FEET GARAGE #8 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 516.0 FEET 69.0 FEET 228.3 FEET N/A 10.0 FEET GARAGE #9 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 497.2 FEET 87.7 FEET 121.7 FEET N/A 10.0 FEET GARAGE #10 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 461.1 FEET 47.9 FEET 53.3 FEET N/A 25.0 FEET GARAGE #11 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 357.9 FEET 151.3 FEET 96.8 FEET N/A 25.0 FEET GARAGE #12 10 FEET 5 FEET 5 FEET 10 FEET 10 FEET 357.3 FEET 149.0 FEET 182.7 FEET N/A 40.6 FEET 1. REQUIRED SEPARATION FOR ACCESSORY STRUCTURES ARE ZERO FEET (IF ATTACHED) OR TEN FEET IF DETACHED. DEVELOPMENT STANDARDS TABLE PRINCIPAL STRUCTURES UNIT TYPE MULTI-FAMILY *4 AMENITY AREA *5 *6 MINIMUM LOT AREA 10,000 SF 10,000 SF MINIMUM LOT WIDTH 100 FEET N/A MINIMUM LOT DEPTH N/A N/A MINIMUM FRONT YARD SETBACK *1 15 FEET 25 FEET MINIMUM SIDE YARD SETBACK 10 FEET 25 FEET MINIMUM REAR YARD SETBACK 20 FEET 25 FEET MAXIMUM BUILDING HEIGHT ZONED ACTUAL 4 STORIES, (NTE 50') 62 FEET 2 STORES, (NTE 35') 45 FEET MINIMUM DISTANCE BETWEEN BUILDINGS 20 FT OR 1/2 ZONED BUILDING HEIGHT 20 FEET FLOOR AREA MIN. (S.F.), PER UNIT 750 SF N/A MINIMUM PUD BOUNDARY SETBACK WEST EAST NORTH SOUTH N/A 100 FEET 25 FEET 25 FEET 25 FEET MINIMUM PRESERVE SETBACK 25 FEET 25 FEET ACCESSORY STRUCTURES *2 *3 MINIMUM FRONT YARD SETBACK 10 FEET 15 FEET MINIMUM SIDE YARD SETBACK 5 FEET 15 FEET MINIMUM REAR YARD SETBACK 5 FEET 15 FEET MINIMUM PRESERVE SETBACK 10 FEET 25 FEET MAXIMUM HEIGHT ACTUAL 42 FEET 2 STORIES (NTE 42') NTE - NOT TO EXCEED *1 - FRONT YARDS SHALL BE MEASURED FROM BACK OF CURB FOR PRIVATE STREETS OR DRIVES, AND FROM ROW LINE FOR ANY PUBLIC ROADWAY. *2 - SETBACK FROM LAKE EASEMENTS FOR ALL ACCESSORY USES AND STRUCTURES MAY BE ZERO FEET (0') *3 - ALL LANDSCAPE BUFFER EASEMENT AND/OR LAKE MAINTENANCE EASEMENT SHALL BE LOCATED WITHIN OPEN SPACE TRACTS OR LAKE TRACTS AND NOT BE WITHIN A RESIDENTIAL LOT. WHERE A HOME SITE ABUTS A LANDSCAPE BUFFER EASEMENT OR LAKE MAINTENANCE EASEMENT WITHIN OPEN SPACE TRACTS, THAT ACCESSORY STRUCTURE SETBACK ON THE RESIDENTIAL LOT MAY BE REDUCED TO ZERO (0) FEET WHERE IT ABUTS THE EASEMENT. *4 - IN THE EVENT THE PROPERTY IS DEVELOPED AS A UNIFIED DEVELOPMENT WITH ADDIE'S CORNER PUD, A ZERO FOOT SETBACK SHALL BE ALLOWED ALONG THE COMMON PROPERTY PUD BOUNDARY AND LANDSCAPE BUFFER SHALL BE REQUIRED (APPROVED HEX DECISION 2018-12). *5 - WHERE THE AMENITY AREA ABUTS RESIDENTIAL LOTS, THE REQUIRED 15' TYPE BUFFER SHALL BE INCLUDE A 6' WALL. *6 - APPLIES ONLY TO ACTIVE RECREATION AREAS SUCH AS POOLS, OUTDOOR COURTS, CLUBHOUSES AND SIMILAR USES. PASSIVE RECREATIONAL USES SHALL HAVE NO PUD BOUNDARY SETBACK. BUILDING UNIT BREAKDOWN UNIT NUMBERS BEDROOM/ UNIT TYPE UNIT FLOOR AREA* MIN. ALL FLOOR AREA 1107, 1110, 1111, 1207, 1210, 1211, 1307, 1310, 1311, 1407, 1410, 1411, 2107, 2110, 2111, 2207, 2210, 2211, 2307, 2310, 2311, 2407, 2410, 2411, 3107, 3110, 3111, 3207, 3210, 3211, 3307, 3310, 3311, 3407, 3410, 3411, 4107, 4110, 4111, 4207, 4210, 4211, 4307, 4310, 4311, 4407, 4410, 4411, 5107, 5110, 5111, 5207, 5210, 5211, 5307, 5310, 5311, 5407, 5410, 5411, 6107, 6110, 6111, 6207, 6210, 6211 1 BD / "A1"753 SF 750 SF 1103, 1104, 1203, 1204, 1303, 1304, 1403, 1404, 2103, 2104, 2203, 2204, 2303, 2304, 2403, 2404, 3103, 3104, 3203, 3204, 3303, 3304, 3403, 3404, 4103, 4104, 4203, 4204, 4303, 4304, 4403, 4404, 5103, 5104, 5203, 5204, 5303, 5304, 5403, 5404, 6103, 6104, 6203, 6204 1 BD / "A2"871 SF 750 SF 1105, 1106, 1109, 1112, 1205, 1206, 1209, 1212, 1305, 1306, 1309, 1312, 1405, 1406, 1409, 1412, 2105, 2106, 2109, 2112, 2205, 2206, 2209, 2212, 2305, 2306, 2309, 2312, 2405, 2406, 2409, 2412, 3105, 3106, 3109, 3112, 3205, 3206, 3209, 3212, 3305, 3306, 3309, 3312, 3405, 3406, 3409, 3412, 4105, 4106, 4109, 4112, 4205, 4206, 4209, 4212, 4305, 4306, 4309, 4312, 4405, 4406, 4409, 4412, 5105, 5106, 5109, 5112, 5205, 5206, 5209, 5212, 5305, 5306, 5309, 5312, 5405, 5406, 5409, 5412, 6105, 6106, 6109, 6112, 6205, 6206, 6209, 6212 2 BD / "B1"1,139 SF 750 SF 1108, 1202, 1208, 1302, 1308, 1402, 1408, 2108, 2202, 2208, 2302, 2308, 2402, 2408, 3108, 3202, 3208, 3302, 3308, 3402, 3408, 4108, 4202, 4208, 4302, 4308, 4402, 4408, 5108, 5202, 5208, 5302, 5308, 5402, 5408, 6102, 6108, 6202, 6208 2 BD / "B2"1,121 SF 750 SF 1102, 2102, 3102, 4102, 5102 2 BD / "B3"1,131 SF 750 SF 1101, 1113, 1201, 1213, 1301, 1313, 1401, 1413, 2101, 2113, 2201, 2213, 2301, 2313, 2401, 2413, 3101, 3113, 3201, 3213, 3301, 3313, 3401, 3413, 4101, 4113, 4201, 4213, 4301, 4313, 4401, 4413, 5101, 5113, 5201, 5213, 5301, 5313, 5401, 5413, 6101, 6113, 6201, 6213 3 BD / "C1"1,427 SF 750 SF *UNIT FLOOR AREA UNDER A/C ONLY AND DOES NOT INCLUDE EXTERIOR (BALCONY) AREA. BUILDING UNIT NUMBER SUMMARY BUILDING FLOOR NO. NO. OF UNITS UNIT NUMBERS BLDG 1 1 13 UNITS 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113 2 13 UNITS 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213 3 13 UNITS 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313 4 13 UNITS 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413 BLDG 2 1 13 UNITS 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113 2 13 UNITS 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213 3 13 UNITS 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313 4 13 UNITS 2401, 2402, 2403, 2404, 2405, 2406, 2407, 2408, 2409, 2410, 2411, 2412, 2413 BLDG 3 1 13 UNITS 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113 2 13 UNITS 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210, 3211, 3212, 3213 3 13 UNITS 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3311, 3312, 3313 4 13 UNITS 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413 BLDG 4 1 13 UNITS 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113 2 13 UNITS 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213 3 13 UNITS 4301, 4302, 4303, 4304, 4305, 4306, 4307, 4308, 4309, 4310, 4311, 4312, 4313 4 13 UNITS 4401, 4402, 4403, 4405, 4405, 4406, 4407, 4408, 4409, 4410, 4411, 4412, 4413 BLDG 5 1 13 UNITS 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113 2 13 UNITS 5201, 5202, 5203, 5204, 5205, 5206, 5207, 5208, 5209, 5210, 5211, 5212, 5213 3 13 UNITS 5301, 5302, 5303, 5304, 5305, 5306, 5307, 5308, 5309, 5310, 5311, 5312, 5313 4 13 UNITS 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413 BLDG 6 1 13 UNITS 6101, 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6109, 6110, 6111, 6112, 6113 2 13 UNITS 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6208, 6209, 6210, 6211, 6212, 6213 PARKING SUMMARY - TREE FARM APARTMENTS RESIDENTIAL BUILDING PARKING REQUIRED PER LDC 1 BEDROOM =110 UNITS X 1.75 SPACES PER UNIT 2 & 3 BEDROOM =176 UNITS X 2 SPACES PER UNIT TOTAL RESIDENTIAL PARKING REQUIRED =545 SPACES REQUIRED FOR RESIDENTIAL CLUBHOUSE BUILDING PARKING REQUIRED PER LDC CLUBHOUSE BUILDING = 5,950 SF TOTAL RECREATIONAL USE = 4,417 SF X 1 SPACE / 200 SF =22 OFFICE / ADMINISTRATIVE USE = 1,339 SF X 1 SPACE / 300 SF x 50% REDUCTION =2 POOL PARKING REQUIRED PER LDC POOL AREA =2,400 SF =1 /75 SF FOR FIRST 1,000 SF POOL AREA 1 /125 SF FOR ADDITIONAL POOL AREA POOL PARKING REQUIRED (STANDARD LDC) =25 SPACES POOL PARKING REQUIRED (WITH 50% REDUCTION) =13 SPACES TOTAL PROJECT REQUIRED RESIDENTIAL BUILDINGS (PER LDC) =545 SPACES RECREATIONAL USES (PER LDC) =22 SPACES OFFICE / ADMINISTRATIVE USES (PER LDC) =2 SPACES POOL AREA (PER LDC) =13 SPACES TOTAL REQUIRED FOR PROJECT PER LDC =582 SPACES TOTAL REQUIRED FOR PROJECT PER APPROVED APR =530 SPACES (3) TOTAL PROVIDED IN PROJECT =545 SPACES STANDARD PARKING =436 SPACES ACCESSIBLE PARKING =14 SPACES GARAGE PARKING =95 SPACES 1. PER LDC 4.05.04.G, REQUIRED PARKING FOR OFFICE / ADMINISTRATIVE USES IS CALCULATED AT 50% OF NORMAL REQUIREMENTS 2. THE CLUBHOUSE WILL INCLUDE 194 SF OF FLOOR AREA THAT CONSIST OF JANITOR / UTILIITY CLOSETS THAT ARE NOT INCLUDED IN THE PARKING CALCULATION 3. REQUIRED PARKING FOR THE PROJECT WAS APPROVED AS AN ADMINISTRATIVE PARKING REDUCTION APPLICATION (APR PL20200000904). CLUBHOUSE ARCHITECTURAL SITE DESIGN ELEMENTS PROVIDED THE FOLLOWING ARCHITECTURAL SITE ELEMENTS HAVE BEEN SELECTED TO SATISFY THE REQUIREMENTS OF LDC 5.05.08. 5.05.08.F.1 - SITE STANDARD: THE BUILDING PERIMETER WALKWAY IS PROPOSED TO BE SURFACED IN BRICK PAVER OR STAMPED CONCRETE. 5.05.08.D.12.b - ENTRYWAY TREATMENT FOR SINGLE TENANT BUILDINGS: A 200 SF PATIO AREA AT THE BUILDING ENTRANCE HAS BEEN PROVIDED WITH BENCHES. VEGETATIVE SHADING WILL BE PROVIDED FOR THE BENCHES (REF. LANDSCAPE PLANS) 5.05.08.F.3.b. - PEDESTRIAN PATHWAY: THE PROJECT PROPOSES A SINGLE VEHICULAR ENTRANCE AND ONE PEDESTRIAN CONNECTION. 5.05.08.F. 3.g.i. - SHADE AND SITE AMENITIES FOR PEDESTRIAN PATHWAY: CANOPY TREES HAVE BEEN PROVIDED ALONG PATHWAYS AT 50 FOOT INTERVALS (REF. LANDSCAPE PLANS). 2 3 4 1 1 1 1 1 1 1 1 1 PARKING TABLES LEGEND STANDARD PARKING X X ACCESSIBLE PARKING GARAGE PARKINGX SETBACK TABLES DEVELOPMENT STANDARDS BUILDING TABLES LEGEND COUNTY UTILITY EASEMENT (ROADWAY TO BE PRIVATELY MAINTAINED) EXISTING ACCESS EASEMENT (ROADWAY TO BE PRIVATELY MAINTAINED) EXIT GATE ENTRY GATEEXIT GATE ENTRY GATE 3 3 3 Date: Reviewed and Approved For: Permit Issuance PL20190002847 10/26/2020 3.B.d Packet Pg. 186 Attachment: Attachment C - SDP-PL20190002847 Zoning Data Sheet (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 187Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 188Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 189Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 190Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) PL202100008683.B.ePacket Pg. 191Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 192Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 193Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 194Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 195Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 196Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 197Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 198Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 199Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 1 of 4 PROJECT NARRATIVE AND DETAIL OF REQUEST BACKGROUND: The Tree Farm MPUD is located at the northwest intersection of Immokalee Road and Collier Boulevard. The MPUD was originally approved by Ordinance 2007-54 to allow for up to 175,000 square feet of commercial uses and 425 residential units. The MPUD Master Plan includes a Commercial/Mixed Use (C/MU) area on the southern third of the project and Residential (R) on the northern two-thirds with a half-acre Preserve (P) tract north of Broken Back Road. The MPUD has had several revisions to revise development intensity, development standards and to allow for unified plan of development with projects located in the adjacent Addie’s Corner MPUD. The Tree Farm MPUD was most recently amended by Ordinance 2020-03 to increase the residential units to 460, reduce the commercial/office uses to 80,000 square feet, and allow for up to 105,000 square feet of indoor self-storage, 140 hotel units and 150 assisted living units, subject to a traffic generation cap. To date, the MPUD has been approved the following development orders:  Frontage Road through the C/MU portion of the MPUD was constructed as part of the Addison Place Apartments (SDP, PL20160003553), providing access from Collier Boulevard to the Addie’s Corner MPUD to the west.  Addison Place Expansion: Site Development Plan (SDP, PL20180000683) was approved for 54 multi-family units within the C/MU portion of the MPUD on the western boundary. This apartment complex is accessed exclusively from the Addison Place Apartments (SDP, PL20160003553).  Tree Farm Subdivision: Plans and Plat (PB 68; PG 90-94) to create development tracts and common infrastructure was approved by the Board of County Commissioners on December 8, 2020.  Tree Farm Apartments: Site Development Plan (SDP, PL20190002847) was approved for 286 multi-family units on 18.59-acres (Tract B and L-1 of the approved Tree Farm Plat). This development is within the Residential portion of the MPUD and is accessed on the south from a shared access easement from Collier Boulevard and on the north from Broken Back Road. After the approval of the Tree Farm Apartments SDP, the County approached the developer about revising the southern access easement at Collier Boulevard in order to accommodate a proposed traffic circle. The traffic circle is intended to improve access to the proposed Government Center within the Heritage Bay PUD on the east side of Collier Boulevard. Tree Farm Apartments has agreed to relocating the southern access point further south to accommodate the traffic circle improvements. REQUEST: The Applicant is requesting an Insubstantial Change to the Tree Farm MPUD to amend Section 6.8 to include deviations for an off-premise directional sign for Tree Farm Apartments, to be located within the existing access and sign easement on Tract C, immediately south of Tract B. The relocation of the southern access to the Tree Farm Apartments project is necessary for the County’s traffic circle improvements on Collier Boulevard. This access road provides the primary entrance into the 3.B.e Packet Pg. 200 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 2 of 4 Apartment development. The access road is being moved to the south, away from the multi-family project, in order to better align with the traffic circle. The deviations will allow the main project sign for Tree Farm Apartments to be near the primary access and provide sufficient visibility at the proposed Collier Boulevard traffic circle. The existing easement (OR 5771, PG 1841) allows for the placement of the sign and enhanced landscaping. The proposed sign will be consistent with development standards for an On-Premise Residential Sign (LDC Section 5.06.04 B.6) as it relates to size, sign area and setbacks. An On- Premise Residential Sign is permitted to be up to 8 feet in height, 64 square feet in sign area and must be setback a minimum of 10’ from property lines. LDC Section 5.06.04 G. allows for off-premise directional signs; however, deviations are necessary to allow a sign that is consistent with standards for an On-Premise Residential Sign. Requirements for an Off- Premise Directional Sign are provided below with analysis provided in bold italicized text. G. Off-premises directional signs. Off-premises directional signs are permitted if the following requirements are met: 1. Off-premises directional signs shall be permitted only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs. The proposed off-premise directional sign is located within an existing access and sign easement, located within the Commercial/Mixed Use (C/MU) portion of the Tree Farm MPUD (Tract C, Tree Farm unrecorded subdivision). 2. No more than 2 one-sided or 1 double-sided off-premise directional signs shall be permitted for a building, structure, or use which is not visible from the roadway serving such building, structure, or use, provided: Only one off-premise sign is being requested. a. Each sign shall not be more than 12 square feet in area. A deviation is requested to allow for a 50 square foot sign area, which is less than the 64 square feet that would be allowed for an On-Premise Residential Sign. b. The sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location. The proposed sign will not exceed 8 feet above the lowest center grade of the adjacent roadway. c. The sign shall not be located closer than 10 feet to any property line. The proposed sign will not be located closer than 10 feet to the Collier Boulevard right-of- way. However, since the proposed off-premise directional sign is specifically intended for the adjacent Tree Farm Apartment project to the north, a deviation is requested to allow the off-premise directional sign with no distance requirement to the adjacent residential tract (Tract B) to the north. d. The applicant shall submit with the permit application, a notarized written letter of permission from the property owner where the off-premises directional sign is to be located. The proposed sign is being located within a recorded easement (OR 5771, PG 1841) that allows the developer of the apartments to construct a multi-family sign within the easement. e. The sign shall be located no more than 1,000 feet from the building, structure, or use for which the sign is displayed. 3.B.e Packet Pg. 201 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 3 of 4 The proposed sign is less than 1,000 feet from the Apartment use. 3. Off-premises directional signs shall be located a minimum of 50 feet from a residential zoning district. The adjacent residential district is the Tree Farm Apartment site (Tree Farm, Tract B). Therefore, since the proposed off-premise directional sign is specifically intended for this project, a deviation is requested to allow the off-premise directional sign with no distance requirement to the adjacent residential district. 4. Off-premises directional signs shall be located a minimum of 100 feet from another off- premises directional sign. The proposed sign is not located within 100 feet from another off-premise directional sign. COMPLIANCE WITH LDC SECTION 10.02.13 E.: The request complies with the insubstantial change criteria of LDC Section 10.03.13 E.: E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; The request does NOT include a change in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; The request does NOT increase the number of dwelling units or intensity of land use or height of buildings within the development. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The request does NOT change preservation, conservation, recreation or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; The request does NOT increase areas or relocate areas for nonresidential land uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The request does NOT increase impacts of development, such as traffic generation, circulation or impacts on other public facilities. 3.B.e Packet Pg. 202 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 4 of 4 f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; The request does NOT change land use activities and does NOT generate higher level of vehicular trips. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The request does NOT result in a requirement for increased stormwater retention or increased stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The request does NOT create incompatibility with, or negatively impact, adjacent land uses. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The request IS consistent with the Collier County Growth Management Plan j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The request is NOT located within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The request is NOT deemed a substantial modification and may be processed as an Insubstantial Change (PDI). 3.B.e Packet Pg. 203 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Underline Text is Added Tree Farm MPUD – PL20210000868 Strike-through Text is Deleted Last Revised: June 11, 2021 Page 1 of 2 LIST OF REQUESTED DEVIATIONS FROM THE LDC TREE FARM MPUD * * * * * * * * * * * * * 6.8 DEVIATIONS A. Deviation #1 At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50’). Deviation #1 from section 6.06.01 (O) of the LDC. Utilization of lands within all project right-of-way for landscaping. Decorative entranceway and signage may be allowed subject to review and administrative approval by the community development and environmental services administrator, or his designee, for engineering and safety considerations prior to installation. [Approved in Ord. 07-54] B. Deviation #2 Relief from LDC Section 5. 03. 02. C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/ berm shall be minimum of 3' in height. [Approved in Ord. 07- 541] C. Deviation #3 Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in location depicted on the MPUD master plan (Exhibit " A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument, which it is located. If the sign is two-sided, each sigh shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. [Approved in Ord. 07- 541] D. Deviation #4 One off-premises sign may be located to west of the tree farm MPUD generally located near the access to collier boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in section 5.06.04.G.2.a., but may not exceed 16 square feet in size, and may also deviate from section 5.06.04.G.2.e., which requires such off-site signs to 3.B.e Packet Pg. 204 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Underline Text is Added Tree Farm MPUD – PL20210000868 Strike-through Text is Deleted Last Revised: June 11, 2021 Page 2 of 2 be located within 1, 000 feet of the intersection of the arterial roadway serving the building, structure or use. [Approved in Ord. 07- 541] E. Deviation #5 One off-premise sign may be located within the existing access and sign easement (OR 5771, PG 1841) on the northern boundary of the C/MU tract (Tree Farm Tract C) adjacent to Collier Boulevard to provide project signage for the Residential Tract to the north (Tree Farm Tract B) as depicted on Exhibit C. The off-premise sign may deviate from section 5.06.04.G.2.a. which limits off-premise directional signs to 12 square feet in sign area to instead allow a maximum of 50 square feet in sign area. The off-premise sign may deviate from section 5.06.04.G.2.c. and section 5.06.04.G.3. which require the sign to be a minimum of 10 feet to a property line and a minimum 50 feet to adjacent residential zoning district, respectfully, to instead allow the sign to have no minimum (zero feet) distance to the residential tract to the north. * * * * * * * * * * * * * 3.B.e Packet Pg. 205 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 206 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 6/8/2021 9:11:26 AM] [By: AAvila] [Plot Date: 6/8/2021 9:11:54 AM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Archived_Projects\P-BROK-001\001_Tree_Farm_PUD\Design_Permit\Drawings-Civil\Exhibits\X17-Tree_Farm_MPUD\REV08\P-BROK-001-001-X17.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD CHUWLILFDWH RI AXWKRUL]DWLRQ SCHEDULE OF DEVIATIONS DEVIATION 1: AT THE DISCRETION OF THE DEVELOPER, THE MINIMUM RIGHT-OF-WAY WIDTH TO BE UTILIZED FOR ALL INTERNAL PROJECT STREETS MAY BE FIFTY FEET (50'). DEVIATION #1 FROM SECTION 6.06.01(O) OF THE LDC. UTILIZATION OF LANDS WITHIN ALL PROJECT RIGHT-OF-WAY FOR LANDSCAPING. DECORATIVE ENTRANCEWAY, AND SIGNAGE MAY BE ALLOWED SUBJECT TO REVIEW AND ADMINISTRATIVE APPROVAL BY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR, OR HIS DESIGNEE, FOR ENGINEERING AND SAFETY CONSIDERATIONS PRIOR TO INSTALLATION. DEVIATION 2: DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.03.02.C, WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6' IN RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL COMPONENTS OF A PUD, TO ALLOW A MAXIMUM WALL HEIGHT OF 8' ALONG THE PERIMETER OF THE PUD, AND ALLOW A 12' WALL/BERM COMBINATION WITHIN RESIDENTIAL PORTIONS OF THE PUD ALONG COLLIER BOULEVARD. THE BERM PORTION OF THE 12' WALL/BERM SHALL BE MINIMUM OF 3' IN HEIGHT. DEVIATION 3: BOUNDARY MARKER MONUMENTS CONTAINING PROJECT IDENTIFICATION SIGNS DESIGNED TO IDENTIFY THE PROJECT, OR ANY MAJOR USE WITHIN THE PROJECT, SHALL BE PERMITTED IN LOCATION DEPICTED ON THE MPUD MASTER PLAN (EXHIBIT "A"). SAID BOUNDARY MARKER MONUMENT SHALL NOT EXCEED 6 FEET IN HEIGHT AS MEASURED FROM FINISHED GRADE AT THE LOCATION OF THE BOUNDARY MARKER MONUMENT. THE SIGN FACE AREA FOR SUCH BOUNDARY MARKERS SHALL NOT EXCEED 64 SQUARE FEET IN AREA AND SHALL NOT EXCEED THE HEIGHT OR LENGTH OF THE MONUMENT WHICH IT IS LOCATED. IF THE SIGN IS TWO-SIDED, EACH SIGH SHALL NOT EXCEED 64 SQUARE FEET IN AREA. EACH SIGN SHALL ONLY CONTAIN THE MAIN PROJECT NAME, INSIGNIA OR MOTTO OF THE ENTIRE DEVELOPMENT, AND THE DEVELOPER'S NAME AND LOGO. BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A MINIMUM OF 10 FEET FROM ANY MPUD PERIMETER PROPERTY LINE. DEVIATION 4: ONE OFF-PREMISES SIGN MAY BE LOCATED TO WEST OF THE TREE FARM MPUD GENERALLY LOCATED NEAR THE ACCESS TO COLLIER BOULEVARD FROM THE PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF TREE FARM MPUD. THE OFF-PREMISE SIGN MAY DEVIATE FROM THE MAXIMUM 12 SQUARE FOOT SIZE SET FORTH IN SECTION 5.06.04.C.15.B.I.G.2.A., BUT MAY NOT EXCEED 16 SQUARE FEET IN SIZE, AND MAY ALSO DEVIATE FROM SECTION 5.06.04.C.15.B.VG.2.E., WHICH REQUIRES SUCH OFF-SITE SIGNS TO BE LOCATED WITH IN 1,000 FEET OF THE INTERSECTION OF THE ARTERIAL ROADWAY SERVING THE BUILDING, STRUCTURE OR USE. DEVIATION 5: ONE OFF-PREMISE SIGN MAY BE LOCATED WITHIN THE EXISTING ACCESS AND SIGN EASEMENT (OR 5771, PG 1841) ON THE NORTHERN BOUNDARY OF THE C/MU TRACT (TREE FARM TRACT C) ADJACENT TO COLLIER BOULEVARD TO PROVIDE PROJECT SIGNAGE FOR THE RESIDENTIAL TRACT TO THE NORTH (TREE FARM TRACT B) AS DEPICTED ON EXHIBIT C. THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.A. WHICH LIMITS OFF-PREMISE DIRECTIONAL SIGNS TO 12 SQUARE FEET IN SIGN AREA TO ALLOW A MAXIMUM OF 50 SQUARE FEET IN SIGN AREA. THE OFF-PREMISE SIGN MAY DEVIATE FROM SECTION 5.06.04 G.2.C. AND SECTION 5.06.04 G.3 WHICH REQUIRE THE SIGN TO BE A MINIMUM OF 10 FEET TO A PROPERTY LINE AND A MINIMUM 50 FEET TO ADJACENT RESIDENTIAL ZONING DISTRICT, RESPECTFULLY, TO INSTEAD ALLOW THE SIGN TO HAVE NO MINIMUM (ZERO) DISTANCE TO THE RESIDENTIAL TRACT TO THE NORTH. MPUD MASTER PLAN NOTES 1.THE AMOUNT OF REQUIRED OPEN SPACE IS 30%. 2.WITHIN THE MPUD BOUNDARIES THERE WILL BE A MINIMUM OF 15.43 AC OPEN SPACE [30% OF 51.43 (58.84 - 7.42 ROW CONVEYANCE.)] 3.THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 4.THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER SITE DEVELOPMENT PLAN APPROVAL, OR CONSTRUCTION PLANS AND PLAT APPROVAL. 5.THE PROJECT SHALL BE DESIGNED TO PROVIDE VEHICULAR, PEDESTRIAN AND BICYCLE CONNECTIVITY BETWEEN RESIDENTIAL AND MIXED USED/COMMERCIAL AND TO ADJACENT PROPERTY TO THE WEST. 6.BOUNDARY MARKER MONUMENTS SHALL BE SETBACK A MINIMUM OF 10 FEET FROM ANY PERIMETER MPUD PROPERTY LINE. LAND USE SUMMARY TRACT LAND USE ACREAGE TRACT "R"RESIDENTIAL *39.64 ± ACRES TRACT "P"PRESERVE 0.51 ± ACRES TRACT "C/MU"COMMERCIAL / MIXED USE *18.69 ± ACRES TOTAL 58.84 ± ACRES * INCLUDES ROW CONVEYANCE PRESERVE A MINIMUM OF 0.51 ACRES (25% OF THE 2.02 ACRES OF NATIVE VEGETATION ON SITE) IS REQUIRED TO BE RETAINED OR REPLANTED. THE TRACTS IDENTIFIED AS "P" CONTAINS 0.51 ± ACRES, AND FULLY SATISFIES THE NATIVE VEGETATION REQUIREMENTS. LEGEND RESIDENTIALR COMMERCIAL / MIXED USEC/MU PRESERVEP PUD INGRESS / EGRESS #DEVIATIONS WATER MANAGEMENT LAKE PRESERVE AREA BOUNDARY MARKER MONUMENTS ROW CONVEYANCE TO COLLIER COUNTY LABELED AS TRACTS A, B AND C. (SEE SECTION 6.3.C) TREE FARM MPUD MPUD MASTER CONCEPT PLAN NOTES TBC TREE FARM 1, LLC & TBC TREE FARM 2, LLC 22 48 26 ALEJANDRO AVILA ALEJANDRO AVILA MARCH 2021 N.T.S. P-BROK-001 P-BROK-001-001-X17 C-X17 02 02 MAXIMUM DENSITY AND INTENSITY 460 MULTI-FAMILY / SINGLE FAMILY ATTACHED / TOWNHOUSE AND / OR SINGLE FAMILY DETACHED RESIDENTIAL DWELLING UNITS. PLUS 250 HOTEL UNITS, 150 ALF UNITS, 105,000 SF OF INDOOR SELF STORAGE AND 80,000 SF COMMERCIAL USES. ALL SUBJECT TO SECTION 6.3.K 3.B.e Packet Pg. 207 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) X CLUBHOUSE(F.F ELEV = 17.1 FT-NAVD)21'± 150' COLLIER BLVD R.O.W.EX. 65' ACCESS ANDSIGN EASEMENT (REF.O.R. 5771, PG. 1841)FRAME WALL SCALE:1" = 50'TRACT C TREE FARM APARTMENTS (TRACT B) SIDEWALK ACCESS EASEMENT SIGN 10' 14.5' Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 6/3/2021 9:52:18 AM] [By: Aschaffer] [Plot Date: 6/3/2021 1:28:19 PM] [By: Anton Schaffer] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BROK-003\001_Tree_Farm_PPL\Drawings-Civil\Exhibits\X16-Sign_Relocation\Rev01\P-BROK-003-001-X16.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD CHUWLILFDWH RI AXWKRUL]DWLRQ TREE FARM APARTMENTS SIGN LOCATION EXHIBIT C WPPI NAPLES TF, LLC. 22 48S 26E ANTON SCHAFFER ANTON SCHAFFER JUNE 2021 1" = 50' P-BROK-003-001 P-BROK-003-001-X16 C-X16 01 01 TREE FARM APARTMENTS BOUNDARY (TYP) (COMMERCIAL) (RESIDENTIAL) 3.B.e Packet Pg. 208 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Sheet Number:of File Number: Project Number: Horizontal Scale: Date: Drawn by: Designed by: B 1 1 E D C A 2 2 3 3 4 4 5 5 6 6 PROFESSIONAL ENGINEER: FLORIDA LICENSE NUMBER: CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Fax: 239.261.1797 Email: info@pen-eng.com Website: www.pen-eng.com Florida Engineering Certificate of Authorization #28275 Florida Landscape Certificate of Authorization #LC26000632 PROJECT: SHEET TITLE: PREPARED FOR: REVISIONS: GRAPHIC SCALE: PROFESSIONAL SEALS:[Save Date: 2/6/2021 11:31:20 AM] [Saved By: SSammons] [Plot Date: 4/30/2021 10:10:07 AM] [Plotted By: Steve Sammons] [Original Size: 24x36] [Drawing Path: p:\active_projects\p-whte-003\001_enhanced_la_tree_farm_apartments\drawings-la\Active\sheet_files\P-WHTE-003-001-L-104.dwg]VERIFY ALL DIMENSIONS SHOWN ON THESE DRAWINGS TO CONFIRM PROPER SCALE PRIOR CONSTRUCTION. REPORT ANY ERRORS OR OMISSIONS TO PENINSULA ENGINEERING. NORTH No:Revision:Date: STEVE SAMMONS LA0001394 STEVE SAMMONS STEVE SAMMONS FEBRUARY 2021 P-WHTE-001-001 P-WHTE-003-001-L-104 L-104 04 27 WPPI NAPLES TF, LLC. TREE FARM APARTMENTS MAIN ENTRY DETAILS (A) SCALE: DECORATIVE CURVILINEAR WALL DT-CURVILINEAR WALL.dwg 1" = 1'-0" NOTE: STRUCTURAL BY OTHERS. PROVIDE SHOP DRAWINGS FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO INSTALLATION/CONSTRUCTION. SECTION3'-6"8" CMU WALL WHITE STUCCO FINISH (FRONT, BACK AND TOP) SCALE: SIGN WALL DT-SIGN WALL.dwg 1/2" = 1'-0"3'-0"12'-0"7'-6"16'-0"12'-0"WHITE STUCCO WALL WITH GRAY CAP TALLER WALL SET BACK 2' FROM SIGN WALL (SEE FRAME WALL ELEVATION DETAIL) FINISH GRADE4"4"8" PRECAST CAP 4" HT X 9" WIDE 7'-6"8" CMU WALL NOTE: VERIFY TOP OF WALL IS NO MORE THAN 8'-0" ABOVE ADJACENT ROADWAY GRADE AT ROAD CENTERLINE PAINTED STUCCO FINISH ELEVATION SECTION 9"4"2"4"NOTE: STRUCTURAL BY OTHERS. PROVIDE SHOP DRAWINGS FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO INSTALLATION/CONSTRUCTION. 12" x 24" BACKGROUND WALL TILE - SEE NOTE NOTE: BLACK BACKGROUND TILE TO BE DALTILE PORCELAIN INFUSION FIELD TILE WENGE 12" x 24", BLACK WENGE # IF6612241P WITH CUSTOM BUILDING PRODUCTS # 370 DOVE GRAY GROUT 14" HT. x 3 8" BRUSHED ALUMINUM LETTERING PIN MOUNT - PROVIDE OPTION ALLOWANCE FOR LED BACKLIGHTING SCALE: FRAME WALL DT-FRAME WALL.dwg 1/2" = 1'-0"12'-0"1'-6"10'-6"2'-0"12'-6"1'-6" 16'-0" FINISH GRADE STUCCO - SCORED AND PAINTED TO MATCH CLUBHOUSE ARCHITECTURE PAINTED STUCCO (GRAY TO MATCH ARCHITECTURE) STRUCTURAL AS REQUIRED 12'-0"12" CMU WALL STUCCO FINISH (FRONT, BACK AND TOP) SECTION NOTE: SEE SHEET L-127 FOR STRUCTURAL DETAILS 3.B.e Packet Pg. 209 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) RAMP1:20 ( M A X ) RAM P1:20 ( MAX ) XRCW XRCW CCRAMP1:20 ( M A X ) RAM P1:20 ( MAX ) X X X X LAKE # 1 C.E. = 11.46 FT-NAVD (AREA @ C.E. = 3.6 AC.) FUTURE RESIDENTAIL TRACT "A" (18.51 AC) FUTURE MULTI-FAMILY RESIDENTIAL TRACT "B" (18.59 AC) FUTURE COMMERCIAL TRACT "D" (1.82 AC) FUTURE COMMERCIAL TRACT "E" (2.76 AC) FUTURE COMMERCIAL TRACT "C" (3.15 AC) FUTURE COMMERCIAL TRACT "F" (1.21 AC) FUTURE COMMERCIAL TRACT "G" (1.16 AC) FUTURE COMMERCIAL TRACT "H" (1.01 AC)SCALE:1" = 500'THE QUARRY IMMOKALEE ROAD ESPLANADE GOLF AND COUNTRY CLUB COLLIER BLVDADDISON PLACE APARTMENTS ADDISON PLACE DR Sheet Number:of File Number: Project Number: Drawing Scale: Date: Drawn by: Designed by: SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 3/17/2021 8:56:16 AM] [By: AAvila] [Plot Date: 3/17/2021 8:56:29 AM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-BROK-003\001_Tree_Farm_PPL\Drawings-Civil\Exhibits\X23-MPUD_Location\P-BROK-003-001-X23.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD CHUWLILFDWH RI AXWKRUL]DWLRQ TREE FARM MPUD LOCATION EXHIBITS TBC TREE FARM 1, LLC & TBC TREE FARM 2, LLC 22 48S 26E ALEJANDRO AVILA ALEJANDRO AVILA MARCH 2021 1" = 500' P-BROK-003-001 P-BROK-003-001-X23 C-X23 01 01 PROJECT LOCATION 3.B.e Packet Pg. 210 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 1 of 2 LIST OF REQUESTED DEVIATIONS WITH JUSTIFICATION Deviations #1-4 previously approved and are not subject of this request. Deviation #5: One off-premise sign may be located within the existing access and sign easement (OR 5771, PG 1841) on the northern boundary of the C/MU tract (Tree Farm Tract C) adjacent to Collier Boulevard to provide project signage for the Residential Tract to the north (Tree Farm Tract B) as depicted on Exhibit C. The off-premise sign may deviate from section 5.06.04.G.2.a. which limits off-premise directional signs to 12 square feet in sign area to instead allow a maximum of 50 square feet in sign area. The off-premise sign may deviate from section 5.06.04.G.2.c. and section 5.06.04.G.3. which require the sign to be a minimum of 10 feet to a property line and a minimum 50 feet to adjacent residential zoning district, respectfully, to instead allow the sign to have no minimum (zero feet) distance to the residential tract to the north. Justification: The deviations will allow the Tree Farm Apartment’s main project sign to be located near the primary access and provide sufficient visibility at the proposed Collier Boulevard traffic circle. The relocation of the southern access to the Tree Farm Apartments project is necessary for the County’s traffic circle improvements on Collier Boulevard. This access road provides the primary entrance into the Apartment development. The access road is being moved to the south, away from the multi-family project (Tract B), in cooporation with the County to construct a traffic circle on Collier Boulevard. The traffic circle on Collier Boulevard is subject to a developer agreement between Collier County and the Tree Farm developers. The existing easement (OR 5771, PG 1841) allows for the placement of the sign and enhanced landscaping. By locating the sign in the Sign Easement, it is now considered an off-premise sign by the LDC as opposed to an on-premise residential sign. The deviations allow the off-premise sign to function as an on-premise residential sign. The proposed sign will be consistent with development standards for an on-premise residential Sign (LDC Section 5.06.04 B.6) as it relates to size, sign area and setbacks; the requested off-premise sign is in lieu of placing an on-premise residential sign. An on-premise residential sign is permitted to be up to 8 feet in height, 64 square feet in sign area and must be setback a minimum of 10’ from property lines. LDC Section 5.06.04 G. allows for off-premise directional signs; however, deviations are necessary to allow a sign that is consistent with standards for an On-Premise Residential Sign. Requirements for an Off- Premise Directional Sign are provided below with analysis provided in bold italicized text. G. Off-premises directional signs. Off-premises directional signs are permitted if the following requirements are met: 1. Off-premises directional signs shall be permitted only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs. The proposed off-premise directional sign is located within an existing access and sign easement, located within the Commercial/Mixed Use (C/MU) portion of the Tree Farm MPUD (Tree Farm, Tract C). 3.B.e Packet Pg. 211 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Tree Farm PUD, PL20210000868 06/11/2021 Page 2 of 2 2. No more than 2 one-sided or 1 double-sided off-premise directional signs shall be permitted for a building, structure, or use which is not visible from the roadway serving such building, structure, or use, provided: Only one off-premise sign is being requested. a. Each sign shall not be more than 12 square feet in area. A deviation is requested to allow for a 50 square foot sign area, which is less than the 64 square feet that would be allowed for an On-Premise Residential Sign. b. The sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location. The proposed sign will not exceed 8 feet above the lowest center grade of the adjacent roadway. c. The sign shall not be located closer than 10 feet to any property line. The proposed sign will not be located closer than 10 feet to the Collier Boulevard right-of-way. However, since the proposed off-premise directional sign is specifically intended for the adjacent Tree Farm Apartment project to the north, a deviation is requested to allow the off- premise directional sign with no distance requirement to the adjacent property line to the north. d. The applicant shall submit with the permit application, a notarized written letter of permission from the property owner where the off-premises directional sign is to be located. The proposed sign is being located within a recorded easement (OR 5771, PG 1841) that allows the developer of the apartments to construct a multi-family sign within the easement. e. The sign shall be located no more than 1,000 feet from the building, structure, or use for which the sign is displayed. The proposed sign is less than 1,000 feet from the multi-family apartment use. 3. Off-premises directional signs shall be located a minimum of 50 feet from a residential zoning district. The adjacent residential district is the Tree Farm Apartment site (Tract B, Tree Farm unrecorded subdivision). Therefore, since the proposed off-premise directional sign is specifically intended for this project, a deviation is requested to allow the off-premise directional sign with no distance requirement to the adjacent residential district. 4. Off-premises directional signs shall be located a minimum of 100 feet from another off- premises directional sign. The proposed sign is not located within 100 feet from another off-premise directional sign. Any signage on the south side of the access easement will be an on-site commercial sign for Tract C. 3.B.e Packet Pg. 212 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 213 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 214 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 215 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 216 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 217 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 218 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 219 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 220 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 221 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 222 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 223 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 224 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 225 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 226 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 227 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 228 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 229 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 230 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 231 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 232Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 233 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Tree Farm PUD, PL20210000868 08/09/2021 Page 1 of 3 TREE FARM MPUD PDI (PL20210000868) NEIGHBORHOOD INFORMATION MEETING SUMMARY Thursday, May 5, 2021 BEGIN 5:42PM Chris Scott: And again, the MPUD is just the zoning designation. It’s a Mixed Use Planned Unit Development. My name is Chris Scott. Dan Waters was going to be here; he’s project Engineer but he’s up in North Carolina. Matt Chambers, who is the developer of the apartments also couldn’t make it. This (image of project site) you have on your letter; so this just shows where we’re at. So that area in pink is the whole Planned Unit Development. The area that is dashed in is the area where the request for our deviation is being proposed. If you look…not sure if my mouse shows up. That red line on the map is the dividing line between the residential portion of the development and the mixed-use portion where there commercial uses. This development agreed to work with the County to put that round-about on Collier Boulevard which shifted the driveway south. So when that happened, the project…the residential community sign is also going to be further south and is now outside of their property. So they are asking for a deviation to allow for a sign – an off-premise sign. Stan Strysivartsen: Where is Pubix in relation…Pebblebrooke? Chris: Pebblebrook is on the opposite side, it would be (shows on map). Bernadette Thomas: Do you know if they’re going to knock the wall down and put a more substantial wall? Chris: No, they’re not touching the wall. The wall that is over there is your all’s developments. They’re not touching that wall. Bernadette: Are they going to put trees over there? Chris: They are required to put a buffer along the property line. Bernadette: How wide? At least thee feet? Chris: The PUD would specify. I would imagine it would be at least a 15’ wide buffer. Generally, any multifamily development adjacent to single family would be a 15’ wide buffer with trees every 30 feet and a five foot hedge. Bernadette: Oh good. And they would take care of it? Chris: They would take care of it, yep. Bernadette: That’s good. The trees absorb the noise. It’s been quite noisy. Chris: Yeah, that’s the construction. 3.B.e Packet Pg. 234 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Tree Farm PUD, PL20210000868 08/09/2021 Page 2 of 3 (Unintelligible) Chris: This is a lot of gobbily-goop probably to you, but this is the actual language that would be added to the Planned Unit Development document. So they’re requesting a deviation. Essentially what it is is the residential community wants to put a sign up consistent with what would typically be allowed in a residential community, but since it is off their property it is now considered an off-site sign. Off-site signs have a much lower standards, so they need deviations to allow what they normally would have had if it was still on their parcel. So, they’re looking for a deviation to allow up to 50 square feet of sign area, as opposed to the 12 square feet that an off-premise sign would have. And then they also need deviations to not require a setback to their own property. Normally an off-premise sign has a 10 foot setback to adjacent properties or 10 foot from residentially zoned properties. But since this sign is for their property, they want to be able to go right up to their property line if they need to. Sam: Will the road be two lanes or four lanes? Chris: I believe the long term plan for Collier Boulevard is to be four lane. Ok, and this area shown with the yellow bubbles…that is where the sign will be. And that is kind of a picture of the sign. Sam: Ohhh, the Mark… Chris: I’m not sure if that is the actual name, but that is the sign size. So that pretty much is what is being requested. And that’s the only change that is being proposed with this. Bernadette: Can something like this add to our property values or is that considered now going to be congestion. I’m gonna say it takes away from property values. Chris: I’m not a realtor, so I don’t know. Generally, if you have nice development nearby then your property values are going to go up. Bernadette: Congestion. There is a lot of stuff going on. Chris: How it would impact you all in your community, I don’t know. Because you all don’t enter off of Collier Boulevard do you? Sam: Only in the back. Yeah, in the back sometimes. Chris: Yeah, well now if you are going to the back gate you will have a traffic circle to drive through on the way to the light at Immokalee Road. Bernadette: Where? Sam: There it is, right there. Bernadette: I know, is that gonna be cars going to hit you as you try to get out? 3.B.e Packet Pg. 235 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Tree Farm PUD, PL20210000868 08/09/2021 Page 3 of 3 Chris: I hope not. I mean you all are from Jersey so…I remember driving through South Jersey and there are circles everywhere… Bernadette: I know…I can’t stand them. You know….They’re deadly. (Unintelligible) (cross talk) Chris: Essentially though, that is pretty much all I have prepared. The only change that is done is regarding that signage. Bernadette: When is this done? Chris: Well, in regards to this application what happens is after I have this public meeting is I have to get some information to Mr. Kelly who is the County planner sitting back there who is reviewing it. And uh… Bernadette: Is this going to lower our taxes? Chris: This is not going to do anything to your taxes. Bernadette: Shouldn’t they go down? Chris: That’s not up to John (Kelly). But this project will get scheduled to go before the Hearing Examiner’s Office. So you’ll probably get another notice; if you got this one, you’re going to get one from the County advising you that a Hearing Examiner meeting has been scheduled. And he will make a determination at that meeting. He’ll review the evidence and then he’ll decide whether to approve or deny this application. Bernadette: They are nice at the Tax Collector. I call them and ask; they usually say we don’t know. Cause I ask. Usually around October I call… Sam: Do you live in Naples? Chris: I actually live…and if you don’t mind, I’m going to say that the meeting is closed. So I don’t have to transcribe everything else. END 5:50PM 3.B.e Packet Pg. 236 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 July 14, 2021 Dear Property Owner: Please be advised that a formal Planned Unit Development Insubstantial Change (PDI) application has been submitted to Collier County for the Tree Farm MPUD, located at the northwest intersection of Immokalee Road and Collier Boulevard. TITLE Request for an insubstantial change to Ordinance No. 20-03, as amended, the Tree Farm Mixed Use Planned Unit Development (MPUD), Section 6.8, Deviations, for a sign deviation from LDC Sections 5.06.04.G.2.a., 5.06.04.G.2.c. and 5.06.05.G.3. to allow the residential tract (Tree Farm Tract B) a 50 square foot off-premise sign to be located within a sign easement on the Commercial/Mixed Use tract (Tree Farm Tract C) with no minimum distance requirement to the residential tract line. This deviation only applies to Tract B of the MPUD as shown on Exhibit C. The subject property consists of 3.15 acres, in the northwest quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. [PL20210000868] In compliance with the Land Development Code, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become fully aware of the development intentions and give you an opportunity to comment and ask questions. The NIM will be held on Thursday, August 5, 2021 at 5:30 pm at Saint Monica’s Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. The meeting will be conducted simultaneously through Zoom. If you are not able to attend the meeting in person and wish to attend via Zoom, please email me at CScott@pen-eng.com prior to the meeting to obtain a link. At this meeting, we will make every effort to illustrate the proposed request and answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, PENINSULA ENGINEERING Christopher O. Scott Christopher O. Scott, AICP Zoning Manager CScott@pen-eng.com 239-403-6700 3.B.e Packet Pg. 237 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) PROJECT AND OFF-PREMISE SIGN LOCATION Project Location Map Exhibit C. Sign Location 3.B.e Packet Pg. 238 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE ADDISON COMMERCIAL CORNER LLC % PROFESSIONAL RESOURCE DEVELOPMENT INC PO BOX 768 EFFINGHAM, IL 62401---0 21842600168 U ADDISON COMMERCIAL CORNER LLC % PROFESSIONAL RESOURCE DEVELOPMENT INC PO BOX 768 EFFINGHAM, IL 62401---0 21842600142 U ADDISON COMMERCIAL CORNER LLC % PROFESSIONAL RESOURCE DEVELOPMENT INC PO BOX 768 EFFINGHAM, IL 62401---0 21842600126 U ADDISON PLACE ASSOCIATION INC 2020 SALZEDO ST STE 100 CORAL GABLES, FL 33134---0 21842600061 U CAROL ANN ROBB TRUST 46033 HATCHER ROAD NEW WATERFORD, OH 44445---0 31347562348 U CC ADDISON PLACE LLC 2020 SALZEDO ST SUITE 200 CORAL GABLES, FL 33134---0 00190041607 U CC ADDISON PLACE LLC 2020 SALZEDO STREET 2ND FLOOR CORAL GABLES, FL 33134---0 21842600029 U COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 49660082584 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 00190041403 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 00190041500 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 49660084265 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 49660084320 U CVS 75479 FL L L C % CVS CAREMARK CORPORATION 1 CVS DR #8927-01 WOONSOCKET, RI 02895---6146 25118010048 U FLOW WAY COMMUNITY DEVELOPMENT DISTRICT % JP WARD & ASSOCIATES LLC 2900 NE 12TH TER STE 1 OAKLAND PARK, FL 33334---0 31347562063 U HICKEY, JAMES R & SANDRA L 8696 DILILLO COURT NAPLES, FL 34110---0 31347562380 U JFN HOLDINGS LLC 9130 GALLERIA CT SUITE 200 NAPLES, FL 34109---0 77459000529 U JFN HOLDINGS LLC 9130 GALLERIA CT NAPLES, FL 34109---0 77459000626 U JFN HOLDINGS LLC 9130 GALLERIA CT NAPLES, FL 34109---0 77459000723 U KERSTING, ROBERT MAGDALENA KRYSTYNA KERSTING 8692 DILILLO CT NAPLES, FL 34119---0 31347562364 U LENNAR HOMES LLC 10481 BEN C PRT6 ML CYPRS PKWY FORT MYERS, FL 33966---6460 49660083703 U LENNAR HOMES LLC 10481 BEN C PRT6 ML CYPRS PKWY FORT MYERS, FL 33966---6460 49660084249 U NAPLES COMMUNITY HOSPITAL INC 350 7TH ST N NAPLES, FL 34102---0 25118010022 U TAYLOR MORRISON ESPLANADE NAPLES LLC 551 N CATTLEMAN RD # 200 SARASOTA, FL 34232---0 31347562144 U TBC TREE FARM 1 LLC % BROOKLINE COMPANIES LLC ATTN: WILLIAM B YEOMANS 14004 ROOSEVELT BLVD #601C CLEARWATER, FL 33762---0 77459000228 U TBC TREE FARM 1 LLC % BROOKLINE COMPANIES LLC ATTN: WILLIAM B YEOMANS 14004 ROOSEVELT BLVD #601C CLEARWATER, FL 33762---0 77459000325 U TBC TREE FARM 1 LLC % BROOKLINE COMPANIES LLC ATTN: WILLIAM B YEOMANS 14004 ROOSEVELT BLVD #601C CLEARWATER, FL 33762---0 77459000422 U THOMAS, BERNADETTE SAM SIVARTSEN 8697 DILILLO CT NAPLES, FL 34119---0 31347562403 U TREE FARM COMMERCIAL ASSN INCI 13290 58TH ST N BUILDING 10 SUITE 1014 CLEARWATER, FL 33760---0 77459000846 U WPPI NAPLES TF LLC 9800 CONNECTICUT DR SUITE A1 100 CROWN POINT, IN 46307---0 77459000121 U WPPI NAPLES TF LLC 9800 CONNECTICUT DR SUITE A1 100 CROWN POINT, IN 56307---0 77459000820 U Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20210000868 (PDI) | Buffer: 500' | Date: 6/9/2021 | Site Location: 77459000228 POList_500_PL20210000868 3.B.e Packet Pg. 239 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 240 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 241 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.e Packet Pg. 242 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.ePacket Pg. 243Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) Tree Farm PDI, PL20210000868 Collier County Hearing Examiner Public Hearing Sign Posting - September 15, 2021 3.B.e Packet Pg. 244 Attachment: Attachment D - HEX Backup Package (20189 : PL20210000868 PDI Tree Farm MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): _________________________________________________________________ Regarding the above subject petition number(s), ________________________________ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: _________________________________ Date: ___________________________ Signature: ______________________________ Applicant* Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. 3.B.f Packet Pg. 245 Attachment: Attachment E - HEX Hybrid Meeting Waivers (20189 : PL20210000868 PDI Tree Farm MPUD) 3.B.fPacket Pg. 246Attachment: Attachment E - HEX Hybrid Meeting Waivers (20189 : PL20210000868 PDI Tree Farm MPUD) 10/14/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.C Item Summary: PETITION NO. PCUD-PL20210000661 -White Lake Corporate Park - Request for approval of a Comparable Use Determination whether the proposed use of fire station and ancillary administrative office, training facility with tower, warehousing, and fleet storage is comparable in nature with the permitted uses in Section 3.2.A, White Lake Corporate Park Planned Unit Development (PUD), Ordinance 01-59, as amended, within Tract “I”, White Lake Corporate Park PUD, located north of White Lake Boulevard and east of Shaw Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 Meeting Date: 10/14/2021 Prepared by: Title: Planner – Zoning Name: John Kelly 09/28/2021 4:49 PM Submitted by: Title: – Zoning Name: Mike Bosi 09/28/2021 4:49 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 09/28/2021 4:54 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 09/28/2021 6:19 PM Zoning Ray Bellows Review Item Completed 09/30/2021 10:42 AM Zoning Mike Bosi Zoning Director Review Completed 09/30/2021 11:02 AM Hearing Examiner Andrew Dickman Meeting Pending 10/14/2021 9:00 AM 3.C Packet Pg. 247 PCUD-PL20210000661 GNFD at White Lake PUD Page 1 of 8 September 27, 2021 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION – ZONING SERVICES SECTION HEARING DATE: OCTOBER 14, 2021 SUBJECT: PCUD-PL20210000661; GNFD - WHITE LAKE CORPORATE PARK PUD PROPERTY OWNER/AGENT: Owner: Greater Naples Fire Rescue District Agent(s): Jessica Klutz Applicant: Craig D. Varn, GNFD Attorney Davidson Engineering 14575 Collier Blvd. 4365 Radio Rd., Suite 201 Naples, FL 34119 Naples, FL 34110 REQUESTED ACTION: Request for a determination that the proposed use of fire station and ancillary administrative office, training facility with tower, warehousing, and fleet storage is comparable in nature with the permitted uses in Section 3.2.A, White Lake Corporate Park Planned Unit Development (PUD), Ordinance No. 01-59, as amended, within Tract “I”, White Lake Corporate Park PUD. GEOGRAPHIC LOCATION: The subject project comprises two properties that will be combined for development; Parcel No. 81790004746 and Parcel No. 81790004769 are located at 3485 and 3481 Shearwater Street, respectively. Said properties are further identified as White Lake Corporate Park, Phase 3, Lots 17 and 18, located at the northern end of Shearwater Street on the west side, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (see location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner has purchased the undeveloped property described above, comprising of 10.2± acres, located within Tract “I” of the 144.4± acre White Lake Corporate Park PUD; Tract “I” is the industrial component of the subject PUD. Permitted and Accessory uses within the Industrial Development Area are listed within Section 3.2 of the PUD document which references the (Continued on Page 4) 3.C.a Packet Pg. 248 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 2 of 8 September 27, 2021 3.C.a Packet Pg. 249 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 3 of 8 September 27, 2021 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: North: Native Vegetation and Water Management Area located within the Collier County Sports Complex and Events Center within the City Gate Commerce Park PUD East: To the north is property being developed as Collier County Sports Complex and Events Center – Phase 2 that has been allocated as Preserve Area within the City Gate PUD; to the south is Shearwater Street (Right-of-Way) followed by unimproved property located within a Rural Agricultural (A) Zoning District South: Outdoor construction storage facility located within the located within Tract “I” of the White Lake Corporate Park PUD West: To the north is uncleared property declared for “Future Development” that is part of a Site Development Plan (SDP-98-135, as amended) for an office/manufacturing facility and to the south is an existing lake; located within Tract “I” of the White Lake Corporate Park PUD Collier County GIS 3.C.a Packet Pg. 250 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 4 of 8 September 27, 2021 (Purpose/Description of Project, Continued from Page 1) Standard Industrial Classification Manual, 1987 Edition, as published by the Executive Office of the President, Office of Management and Budget. As Fire protection and Ancillary Fire Station Services (SIC 9224) is not specifically called out as being a permitted use within the PUD the petitioner seeks to obtain a formal determination that said use is allowable as a permitted Essential Service, that it qualifies by means of Permitted Use #36 which states: Any other use which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director,” or as a combination of the two. The principal use of the development will be as a regional fire rescue training facility, inclusive of a training tower and classroom space, with an accessory fire station. The training facility is expected to operate within the hours of 7:30 A.M. to 5:00 P.M. with occasional evening/nighttime exercises; the anticipated number of persons to be engaged in training at any given time should not exceed 50 persons. Additional proposed uses include Administrative Offices, Fleet Storage and Maintenance, and General Warehousing/Storage. STAFF ANALYSIS: In accordance with LDC Section 10.02.06.K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. CUDs are to be evaluated using the following criteria which is then presented at a public hearing for the purposes of approval, approval with conditions, or denial. a. The proposed use possesses similar characteristics to the other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; • There are no restrictions for operating hours for any land use within the White Lake Corporate Park PUD; normal operating hours for industrial uses can range from a typical l8-hour workday to shift work encompassing 24-hours per day. As an essential service, the fire station will operate 24-hours per day; the training element will typically operate between 7:30 A.M. and 5:00 P.M. with occasional evening and nighttime exercises. ii. Traffic volume generated/attracted; • Approximately 50 persons will use the training facility during operating hours. The applicant has submitted a Comparative Trip Generation Analysis, dated March 10, 2021, which compares the proposed use to that of a U.S. Postal Office facility which is a permitted use within the PUD. Said analysis finds that the proposed use will generate significantly less traffic which results in a net benefit to the surrounding roadway network capacity. iii. Type of vehicles associated with the use; 3.C.a Packet Pg. 251 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 5 of 8 September 27, 2021 • The proposed use involved fire trucks, fire engines and regular vehicles. Typical vehicles within an industrial area are passenger vehicles, box and semi-trucks and tractor-trailers; the average length of a larger fire truck is 35± feet and tractor-trailers average 53± feet. iv. Number and type of required parking spaces; and • The applicant states that the proposed development will follow the parking requirements contained within LDC Section 4.05.02. It is anticipated that a number of fire trucks will be staged/parked/stored within the fire station; additional trucks and other apparatus will be stored both indoors within warehouse facilities and outdoors with compliant screening and buffering. A more detailed analysis will be provided as part of the SDP process as the project moves forward. The number and type of required parking spaces are similar to those of other allowable uses within an industrial area. v. Business practices and activities • The subject property is located within the Industrial component of a PUD; as such, a fire station is an allowable permitted use. Other proposed uses, including “Training” and “Fleet Storage” are comparable to the following permitted uses contained within PUD Section 3.2.A: o Educational Services (SIC 8243 – 8249) – These SIC classifications include typical educational facilities and vocational training, which are comparable to the “Training” component of the proposed facility. This “Training” component refers to firefighting training that comprises a mixture of classroom work, demonstrations, and hands on evolutions. o Motor Freight Transportation and Warehousing (SIC 4212 – 4226) – These SIC classifications include trucking and truck storage services, courier, and delivery services (except by air), and warehousing and storage services. The uses are comparable to those proposed as the equipment to be used is very much the same (trucks, forklifts, etc.). o Automotive Repair, Services, and Parking (SIC Major Group 75) – This is a broad classification that includes car, truck and recreational vehicle rentals/leasing, body shop, repair services, wash facilities and specialized services. Said uses are comparable to the proposed fleet services and maintenance uses as well as aspects of the training facility. o Construction (SIC Major Group 17) and Heavy Construction (SIC Major Group 16) – These are broad classifications that include excavation, wrecking and demolition work, and carpentry which are comparable to fire and rescue training exercises which would include salvage and overhaul operations. 3.C.a Packet Pg. 252 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 6 of 8 September 27, 2021 b. The effect the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. • The proposed development will need to satisfy all development standards and buffering requirements contained within the LDC. It has been established that a fire station is permitted as an essential service at the subject location. The applicant contends the overall facility (training facility with tower, warehousing, and fleet storage proposed use will be less intense compared to many of the industrial land uses permitted within the subject PUD, generating less noise, traffic, and waste. The proposed tower will be 5 stories in height, below the maximum 50 feet contained within PUD Section 3.3.F and will satisfy State criteria to minimize potential effect of training exercises such as smoke and noise resulting from controlled fires. Any outdoors lighting or tower lighting will be consistent with LDC requirements and will not exceed that of nearby facilities such as the sports complex. The site will also have a helicopter pad for emergency use by the Forest Service and/or Collier County EMS Medflight in conjunction with the fire station; any related training will be minimal and infrequent. The proposed development will have no greater negative impact on neighboring properties with respect to noise, glare, and odors than those of other permitted uses within the industrial component of the PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. • As per the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP), the subject property is located within the Urban Commercial District, Mixed Use Activity Center Subdistrict #9. The proposed uses are not specifically prohibited and are deemed to be consistent as the uses are comparable to others permitted by right within the industrial component of the PUD. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. • The applicant has demonstrated that the proposed use (fire station and ancillary administrative office, training facility with tower, warehousing, and fleet storage) is consistent with those listed as being allowable within Tract “I”, the industrial component, of the White Lake Corporate Park PUD: i. Essential Services, per LDC Section 2.01.03.C ii. Educational Services (SIC 8243 – 8249) iii. Motor Freight Transportation and Warehousing (SIC 4212 – 4226) iv. Automotive Repair, Services, and Parking (SIC Major Group 75) v. Construction (SIC Major Group 17) vi. Heavy Construction (SIC Major Group 16) e. Any additional relevant information as may be required by County Manager or Designee. 3.C.a Packet Pg. 253 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 7 of 8 September 27, 2021 LDC Section 1.08.02 provides the following definitions: Essential Services: Those services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Fire Station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff. Fire Station Services, Ancillary: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. LDC Section 2.01.03.C states: Additional permitted essential services in commercial and industrial zoned districts. In commercial and industrial zoned districts, in addition to the essential services identified above in section 2.01.03.A, the following governmental services and facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. Compatibility is defined within the LDC as follows: “A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.” Compliance with the LDC architectural and landscape requirements, in combination with applicable PUD development regulations, assist in ensuring compatibility. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications pertaining to the subject properties. PUBLIC NOTICE): Per LDC Section 10.03.06.O and the Administrative Code the following notice procedures are required for: Newspaper Advertisement prior to the advertised public hearing in accordance with 3.C.a Packet Pg. 254 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) PCUD-PL20210000661 GNFD at White Lake PUD Page 8 of 8 September 27, 2021 F.S. § 125.66. This requirement was satisfied by county staff on or about September 24, 2021. A Comparable Use Determination petition does not require an Agent Letter, Property Owner Notification Letter, Neighborhood Information Meeting, or the posting of a sign on the property. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the proposed use of a regional fire rescue training facility, inclusive of a training tower and classroom space, with an accessory fire station, warehousing, and fleet storage is comparable and compatible with the Industrial – Tract “I” permitted uses contained within Section 3.2.A of the White Lake Corporate Park PUD subject to the following conditions of approval: 1. The helicopter pad depicted in the Conceptual Site Plan shall not be used in such a manner as it becomes a heliport or helistop, as described within LDC Section 5.05.13, which would require Conditional Use (CU) authorization as provided for in Section 10.08.00 of the LDC. 2. With exception to bona fide emergency operations, any use of the helicopter pad shall be limited to daylight hours. Attachments: A) Ordinance 01-59, White Lake Corporate Park PUD B) Ordinance 18-45, Amendment to the White Lake Corporate Park PUD C) Application and Back-up Material D) HEX Hybrid Meeting Waiver 3.C.a Packet Pg. 255 Attachment: Staff Report - PL20210000661 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 256 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 257 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 258 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 259 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 260 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 261 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 262 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 263 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 264 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 265 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 266 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 267 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 268 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 269 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 270 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 271 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 272 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 273 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 274 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 275 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 276 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 277 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 278 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 279 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.b Packet Pg. 280 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.bPacket Pg. 281Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD 3.C.b Packet Pg. 282 Attachment: Attachment A - Ord. 01-59 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) ORDINANCE NO. 18 - 45 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-59, THE WHITE LAKE CORPORATE PARK PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF HOTEL/MOTEL ROOMS FROM 150 TO 281, BY ADDING TOOL RENTAL AND LEASING AS A PERMITTED USE AND ADDING GENERAL WAREHOUSING AND STORAGE AS AN ACCESSORY USE; BY INCREASING THE COMMERCIAL TRACT BY 3 ACRES AND REDUCING THE INDUSTRIAL TRACT BY 3 ACRES; BY ADDING A CAP ON TRAFFIC TRIP GENERATION FOR THE COMMERCIAL DEVELOPMENT AREA; BY REVISING DEVELOPMENT COMMITMENTS; AND REVISING THE PUD MASTER PLAN TO MOVE THE TRACT C BOUNDARY TO THE EAST OF THE FPL EASEMENT; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 144.4+/- ACRES, IS LOCATED NORTHEAST OF, AND ADJACENT TO, THE INTERSECTION OF I-75 AND COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20170004428] WHEREAS, on October 23, 2001, the Board of County Commissioners approved Ordinance No. 2001-59, which established the White Lake Corporate Park Planned Unit Development (PUD); and WHEREAS, Patrick Vanasse, AICP of RWA, Inc. representing Power Holdings Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2001-59, as amended, the White Lake Corporate Park PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section 1.5, Project Description, of the PUD Document attached as Exhibit A to Ordinance No. 2001-59, the White Lake Corporate Park PUD. Section 1.5, Project Description, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 1 of 10 3.C.c Packet Pg. 283 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 1.5 PROJECT DESCRIPTION The White Lake Corporate Park PUD shall be a mixed-use development, with a small commercial development opportunity located west of, and including, the FP&L easement on the White Lake Boulevard frontage, and the industrial development opportunity will remain over the balance of the PUD property. The commercial component of the development is limited to 96,165 square feet of gross leasable floor area, and will be located on a 785 10.85+ acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, and banks. The industrial/office park development is limited only by the land area available on the east side of the FP&L easement. SECTION TWO: Amendments to Table 1 of Section II, Project Development Requirements, of the PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Table I of Section II, Project Development Requirements, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"I" INDUSTRIAL 136.5 133.5 TRACT "C" COMMERCIAL 7.8 10.85 SECTION THREE: Amendments to Section 2.15,Architectural Design Guidelines and Standards, of the PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Section 2.15, Architectural Design Guidelines and Standards, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS Commercial land uses shall comply with the provisions of Section 2.8.3. Section 5.05.08 of the Land Development Code. Land uses proposed adjacent to the White Lake Boulevard Right-of-Way, visible from the I-75 travel lanes, shall comply with the 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 2 of 10 6C.) 3.C.c Packet Pg. 284 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) applicable architectural design guidelines set forth in Division 2.8 Section 5.05.08 of the Land Development Code, and may request alternative architectural design standards as provided in, and in accordance with, the provisions of Section 2.8.2.5 5.05.08.G of the Land Development Code. Alternative standards shall be evaluated for their consistency with the purpose and intent of the Activity Center #9 Interchange Master Plan. The purpose of the architectural guidelines and standards is to provide a pleasing visual experience from the I-75 corridor in an effort to create a gateway into Naples and Collier County, thereby advancing the purpose of the Activity Center #9 Interchange Master Plan. At such time as Collier County adopts design standards for the Activity Center #9 Interchange Master Plan;those standards shall apply to this PUD. SECTION FOUR: Amendments to Section IV, Commercial Development Area, of PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Section IV, Commercial Development Area of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract"C", Commercial Development Area on Exhibit "A", PUD Master Plan. 4.2 MAXIMUM COMMERCIAL SQUARE FEET The 7,8-510.85± acre Commercial Development Area (Tract "C"), shall not be developed with more than 96,165 square feet of commercial uses. Should a hotels or motels be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. The maximum total daily trip generation for the Commercial Development Area of the PUD shall not exceed 584 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses': 1) Apparel and accessory stores as defined under Major Group 56; Reference Executive Office of the President, Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition. 18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 3 of 10 3.C.c Packet Pg. 285 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 2) Automotive dealers and gasoline service stations (Industry Numbers 5531, and 5541); 3) Building materials, hardware, and garden supply (Industry Numbers 5211- 5261); 4) Business services (Industry Numbers 7311, 7334, and 7371); 5) Carwashes (Industry Number 7542); 6) Eating and drinking places as defined under Major Group 58; 7) Engineering, accounting, research, and management (Numbers 8711 with no outside equipment storage, 8712 with no outside equipment storage, 8721, 8732, 8742, 8743, and 8748); 8) Finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67; 9) Food stores as defined under Major Group 54; 10) General merchandise stores as defined under Major Group 53; 11) Government offices as defined under Major Group 91; 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels (Industry Number 7011). No more than 150281 rooms shall be permitted; 14) Legal services as defined under Major Group 81; 15) Miscellaneous retail as defined under Major Group 59, not including Industry Numbers 5932, 5961, 5983-5989, and not including the retail sale of fireworks; 16) Motion pictures as defined under Major Group 78; 17) Personal services (Industry Numbers 7211, 7215, 7216 except rug cleaning, 7221-7291, and 7299, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons). 18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 4 of 10 3.C.c Packet Pg. 286 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 18) Equipment Rental and Leasing, Not Elsewhere Classified (Industry Number 7359) limited to tool rental and leasing. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities; 2) One caretaker's residence. 3) General Warehousing and Storage (Industry Number 4225) limited to General Warehousing and Storage, not to include mini-warehouse warehousing or warehousing, self-storage. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. B. MINIMUM LOT AREA: 10,000 square feet. C. AVERAGE LOT WIDTH: 100 feet D. MINIMUM YARDS (INTERNAL): 1) Front Yard: 25 feet, or one-half of the building height as measured from each exterior wall, whichever is greater; 2) Site Yard: 10 feet; 3) Rear Yard: One-half of the building height; 4) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT: 50 feet. G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 5 of 10 3.C.c Packet Pg. 287 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. I.OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 LDC section 4.05.00 of the Collier County Land Development Code in effect at the time of site development plan approval. J.OUTSIDE STORAGE AND DISPLAY: Outside storage and display is prohibited in Tract C as depicted on Exhibit "A", PUD Master Plan, with the exception of garden centers. K. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits that comply with fire codes shall be permitted 2) The caretaker's residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 LDC section 4.05.00 of the Collier County Land Development Code in effect at the time of site development plan approval. Parking for the caretaker's residences shall be in addition to any other required parking facilities. SECTION FIVE: Amendments to Section V, Development Commitments, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD. Section V, Development Commitments, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 5.1 PURPOSE The purpose of this section is to set forth the development commitments for the development of the project. 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 6 of 10 3.C.c Packet Pg. 288 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION B:A. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of-the Land Development Code. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is the White Lake Commons Association, Inc., or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall maintain joint/shared access with the adjacent property Citygate PUD), via White Lake Boulevard. B. The petitioner shall provide left turn lanes and arterial level street lighting at all project entrances, if deemed warranted by Collier County. The turn lanes and arterial level street lighting shall be provided when requested by the County. 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 7 of 10 3.C.c Packet Pg. 289 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) C. The petitioner shall be responsible for a fair share contribution of the site related roadway improvements at the Collier Boulevard/White Lake Boulevard intersection, which has been determined to be $118,850.00, and shall be paid to Collier County on or before October 1, 2001. D. The White Lake Corporate Park PUD Transportation Impact Study was based on a development scenario of 96,165 square feet of retail uses for Tract C and 86.3 acres of developable industrial acreage for Tract I, as previously approved in PUD Ordinance No. 01-59. Total trip estimates were derived using the ITE Trip Generation Manual 9th edition. The maximum total daily trip generation for the Commercial Development Area of the PUD shall not exceed 584 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 5.8 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission and interim water and/or No. 97 17, as amended, and other applicable County rules and regulations. District's water main consistent with the main sizing requirements specified in the I system: 1. Dead end mains shall be eliminated by looping the internal pipeline network; 2. Stubs for future system interconnection with adjacent properties shall be provided to the east property line of the projec , . . . . . . - . agreed to by the County and the Developer during the design phase of the project; shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewage system design can be coordinated with the County's Sewer Master Plan; 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 8 of 10 3.C.c Packet Pg. 290 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3. The existing off site water faci4ties of the District must be evaluated for hydraulic capacity to serve this prefect and reinforced as required, if necessary, consistent with the County's Water Master P . - •- . - . -- District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands for the project, and the District's existing committed capacity. A. The White Lake Commons Association, Inc. (or successor in title) will convey County Utility Easements (CUEs) to the Collier County Water-Sewer District at the termini of Shaw Boulevard and Shearwater Street as depicted on the master plan. These easements will be for future water distribution system interconnection with adjacent properties and will run from the Shaw Boulevard cul-de-sac to the adjacent northern PUD boundary and from the Shearwater Street cul-de-sac to the adjacent eastern PUD boundary. The easements will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or the Collier County Water-Sewer District free and clear of all liens and encumbrances and shall be provided prior to or in conjunction with approval of the next development permit. In addition, if looping of the water distribution system is requested by any owner of this PUD, any costs to County or the Collier County Water-Sewer District, including land acquisition, engineering, permitting, and construction costs, for piping or other utilities infrastructure on this PUD property or adjacent property related to on-site or off- site looping of the PUD's water distribution system shall be paid by Power Corporation, its successors or assigns, within 30 days of written notification to Power Corporation, its successors and assigns. At close-out of the PUD monitoring in accordance with LDC Section 10.02.13.F, this commitment shall expire. B. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing into the County's sewerage system is transmitted by one (1) main on-site pump station. The developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. SECTION SIX: Amendment to PUD Master Plan attached as Exhibit A to the PUD Document attached to Ordinance No. 2001-59, the White Lake Corporate Park PUD. The PUD Master Plan attached as Exhibit A to the PUD Document attached to Ordinance No. 2001-59, the White Lake Corporate Park PUD, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein. 18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 9 of 10 3.C.c Packet Pg. 291 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) SECTION SEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of k-y1 2018. ATTEST: BOARD OF -OUNTY COMa SSIONERS CRYSTAL K. KINZEL, CLERK COLLI CO '+TY, FLP By: l nC By: Att ` 1 Clerk ANDY SOLIS, Chairmanttestasta;4 a,'..:. signature only. Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Revised PUD Master Plan This ordinance «. c with the t' of Sr,,t;'s Office he lgtar day of '4 and ack,.owledgeme 4 of fi .r-ceived is 0 we ci 1 ib bowl[ 18-CPS-01757/1429651/1] 163 LA)SSS White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 10 of 10 712c. 3.C.c Packet Pg. 292 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) d 0118„8,„ , milin ,kobir7111E'50p _'l" lei III COLLIER BOULEVARD (C.R. 951)m I:11Im "2L 74_s omix l . gg $A m z= a L 2 / rog 1 a. q OME a 6 q,Vf ci .I 1 Rs € I mIsF 11 "' FP&L EASEMENT 18so g ao2 8 ER,v :on i Ao-g 8 wi Pa a,gu?ma G _Ah, m . ISI T/ , erFVX m s ;a eam<g$ 4) m:gil 6,P;Via"EMi HiN 2; Ni- 4> £ l i u ?0 1, 2N o /, xD i i g.' o `p.2.2:,-,RmN" a a. f E 11 1 a , u by 3 Ig A m g€gtlx Argo" ORT sm to 7, a s A a o' a9 § m1XgETp1§. §.' - -0 - rz 0 J11,A ii P s -e, u ,i A oY l ni; x ;/ F8a+ r r ow m s z co Kn onqrli q d r 0 o Aa g3; p m ytnnt7 Dy 05. . AMMON m o r m v I--{ S r f 5 o m r o -ar p m A o m Z IOD (tel 4 v - z D m z o CIA cn CdIrh /r z .i n m D 6 ir Sf'%A: D 8 ,.: '0' e moo' v - -` N CN ,I 0C.p. C,JCorno,J0e"A c 4, CO000 01 Irn4,C,. 4/ e nnnnnnnnn iii H • i_ g A Ih V o N o m EXHIBIT 'A " Ili is::L•;::•*•• :•: r OND8. ii C m y SEC ma /ME a.R:.,r. PROJECT: F ,e E R TA"SCALE wiLLiAM r.HiGGs WNILAKE COi?p0 f'Af?KPOMP! 00'9 •-2 r.rw MARA.E CIVIL ENGINE/ERs Development 8 A.,,,0, moi-%. VVI- .L Environmental Consultants PUP MA5WP PLAN MO..Hors* Ru.=,o.....Her.>,a 0.1118491FAX Igo,..•,05, SIF%3.C.cPacket Pg. 293Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 26, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-45, which was filed in this office on September 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 3.C.c Packet Pg. 294 Attachment: Attachment B - Ord. 18-45 (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 5/8/2018 Page 1 of 2 Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83 – 2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED  PUD Zoning District  Standard Zoning District APPLICANT CONTACT INFORMATION Name of Property Owner(s): ________________________________________________________ Name of Applicant if different than owner: ___________________________________________________ Address: _____________________________ City: _____________ State: ________ ZIP: _______ Telephone: ___________________ Cell: _____________________ Fax: ____________________ E-Mail Address: __________________________________________________________________ Name of Agent(s):_____ __________________________________________________________ Firm: ___________________________________________________________________________ Address: _____________________________ City: _____________ State: ________ ZIP: _______ Telephone: __________________ Cell: _______________________ Fax: ____________________ E-Mail Address: __________________________________________________________________ PROPERTY INFORMATION Site Address: ________________________________Folio Number: _________________________ Property Owners Name: ____________________________________________________________ DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: “I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of ____________ is comparable and compatible with the permitted uses in the ____________ PUD or in the ________________Straight Zoning District.” To be completed by staff 3.C.d Packet Pg. 295 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised 5/8/2018 Page 2 of 2 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Affidavit of Authorization 1 Completed Addressing Checklist 1 Determination request and the justification for the use 1 PUD Ordinance and Development Commitment information Property Ownership Disclosure Form 1 Electronic Copies of all documents *Please be advised: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. •Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS:  Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification.  Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant Signature Date __________________________________ Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 3.C.d Packet Pg. 296 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) ZONING VERIFICATION LETTER- PUD COMPARABLE USE DETERMINATION REVISED 8-05-2021 The intent of this request is to obtain a formal determination that Essential Services, specifically Fire Protection and Ancillary Fire Station Services (SIC 9224), is comparable with the list of existing permitted uses within the White Lake Industrial Corporate Park PUD – Industrial Development Area (PUD Ordinance 2001-59, as amended). Refer to Attachment “A” for the PUD Ordinances and Attachment “B” for the Description of SIC 9224: Fire Protection. Per item 36., Section 3.2.A. of the White Lake Corporate Park PUD, the following is permitted: “Any other use which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director.” Per the above language, I formally request the below information be considered to confirm Fire Protection and Ancillary Fire Station Services (SIC 9224) is a comparable land use with those listed in the Industrial Development Area of the White Lake Industrial Corporate Park PUD. PROPOSED DEVELOPMENT The subject request involves two (2) separate lots within the White Lake PUD, platted as the White Lake Corporate Park Phase Three- Lots 17 and 18, collectively consisting of 10.02-acres; refer to Attachment “C” for the Location Map. The Greater Naples Fire Rescue District (GNFD) is proposing to utilize the site for a variety of fire station/ ancillary fire station and regional firefighter training services that are imperative and necessary to promote and protect public health, safety and welfare. The proposed land uses include Administrative Offices, Fleet Storage and Maintenance, General Warehousing/Storage, and Training, inclusive of a training tower and classroom space. The training tower is a necessity, allowing for live fire training in an enclosed structure that will provide conditions similar to actual fire calls. The tower will meet applicable building and design codes and will be properly equipped to allow fire training in a controlled fashion, with no negative impact on surrounding property owners. Please refer to Attachment “G” for the Conceptual Site Plan demonstrating conformance to all applicable codes within the PUD and Activity Center #9 requirements. Due to the site location, the development is subject to Activity Center #9 Interchange Master Plan design standards as per LDC 4.02.23. All habitable structures and storage structures will be subject to the Activity Center #9 Interchange Master Plan as it relates to architectural standards, landscaping, signage, and lighting. Storage will be held in a structure or screened per PUD Section 3.2.I. and LDC requirements. The location of this proposed development has been strategically planned and carefully considered by the Fire District for several years. The location is proposed to be within the vicinity of Collier County’s “Core Campus #2”; refer to Attachment “D” for the Master Space Planning-Collier County Core Campus #2 Location Map and Attachment “E” for the “Surrounding Developments Exhibit”. A future interconnect to 3.C.d Packet Pg. 297 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) the City Gate Commerce Park PUD is also planned, which will allow for emergency-only interconnectivity between all proposed governmental facilities/ essential services within the proposed Collier County Core Campus #2. Co-locating governmental facilities and providing connectivity between the existing/proposed essential services will be an overall benefit. The principal use of this development will be as a regional fire rescue training facility with an accessory fire station. The training of firefighters is essential to “promote and protect public health, safety and welfare” per LDC Section 2.01.03.C. Further, the accessory fire station will provide emergency services which are deemed an Essential Service, and the training facility will not interfere with the delivery of emergency services. A regional emergency training facility is essential to ensure that there is trained staff available at fire stations and similar service facilities, and vehicle maintenance and repair is needed to deliver fire rescue service, so these uses should also be deemed as essential. Regarding the training facility, expected use is at most 50 persons at a time within the hours of 7:30AM to 5:00PM with occasional evening and nighttime exercises. Sight illumination will not exceed standards set forth in the Collier County Land Development Code. Mobile water pumps mounted on fire trucks and apparatus will be utilized for training and demonstrative purposes, sound will not exceed expected levels within an industrial district which allows for manufacturing, heavy construction, and other intensive uses. To minimize smoke and fumes, only clean burning natural gas and Combustible Class A materials, as mandated by state criteria, will be utilized in fires. No noxious fumes or heavy smoke will be created on the site. To emulate real-life situations, theatrical smoke is utilized which does not create black smoke. Fleet storage and maintenance is further essential as it allows for the effective delivery of fire service at a reginal scale by ensuring all vehicles are in working condition. Per LDC Section 2.01.03.C, governmental facilities including fire, educational services (SIC 8243-8249) and motor freight transportation and warehousing (SIC 4212-4226) are permitted uses within industrially zoned districts. SIC 4212-4226 includes Local Trucking both with and without storage, as well as general warehousing and storage. which are comparable uses to the fleet storage element of the request. The inclusion of SIC Major Group 75 Automotive Repair, Services, and Parking permits the storage of automobiles on the site both in garages, structures, and lots as well as the repair and maintenance of vehicles. The subject properties are within the “Industrial Development Area” per the White Lake Industrial Corporate Park PUD. Indoor storage will be held within structures compliant with the PUD and Activity Center #9 requirements, and outdoor storage will be screened per standards set forth in PUD Section 3.2.I. Accessory parking is permitted per the PUD, and fleet storage of fire trucks and apparatus will be contained within an indoor garage and warehouse structure for maintenance and storage. Page 2 of 6 3.C.d Packet Pg. 298 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) JUSTIFICATIONS & LAND DEVELOPMENT CODE CRITERIA In accordance with Collier County Land Development Code Section 10.02.06.K.2., “Comparable Use Determination Permit Requirements”, I offer the following: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Business practices and activities. Response: a. Fire Protection is an Essential Service, as defined in the Collier County Land Development Code. Essential Services are defined as below: “Those services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities”. Per LDC Section 2.01.03.C, governmental facilities, including fire, is a permitted use within industrially zoned districts. The subject properties are within the “Industrial Development Area” per the White Lake Industrial Corporate Park PUD. Other on-site activities including “Training” and “Fleet Storage” are comparable to the following permitted uses as per PUD 3.2.A: b. Educational Services (SIC 8243-8249) are permitted uses within the PUD. These SIC Codes include typical educational facilities and vocational training, which are comparable to the “Training” component of the proposed GNFD development. This “Training” component refers to firefighting training in that there will be a mixture of classroom work, demonstrations, and hands on experience performed at the site. All of these are requited of vocational school, so it is a comparable use. c. Motor Freight Transportation and Warehousing (SIC 4212-4226) are permitted uses within the PUD. Included within these SIC codes are, but not limited to, both trucking and truck storage services, and general warehousing and storage; thus, equivalent to the fleet and general storage uses proposed on the subject properties. Utilizing fire trucks and other motor vehicles are an essential part of training, and this equipment is comparable to similar industrial vehicles including semi-trucks and forklifts, which are used frequently in an industrial district. d. Automotive Repair, Services, and Parking (SIC Major Group 75) are permitted uses within the PUD. These SIC Codes include parking lots, automotive repairs, and parking structures which are further comparable to the fleet storage use as well as components of the “Training” component of the proposed development. Page 3 of 6 3.C.d Packet Pg. 299 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) e. Construction (SIC Major Group 17) & Heavy Construction (SIC Major Group 16) is permitted which includes excavation, wrecking & demolition work, and carpentry, which are comparable to training exercises including rescue and fire training. Heavy Construction permitted uses are far more intense than training exercises, but potentially related Heavy Construction activities include water, sewer, pipeline, and communication and power line construction. In training, access to buildings and vehicles will be demonstrated which could cause damage to the equipment, showing a relation to demolition work and excavation. ii. Operating hours; The proposed GNFD development is an “Essential Service” and not be subject to operating hours. Although, in comparison to permitted uses within the Industrial Development Area of the White Lake PUD, normal operating hours for industrial uses can range from typical 8-hour workdays up to 24 hours a day. There are no restrictions for operating hours for any land use within the White Lake Industrial Corporate Park PUD. The training element of the GNFD development, will operate from 7:30AM to 5:00PM with occasional evening and nighttime exercises. iii. Traffic volume generated/attracted; Response: Approximately 50 people will utilize the site at a time for training purposes during operating hours for the training element. A detailed Traffic Impact Statement will be submitted at the time of SDP review, and the traffic volumes of the proposed Fire Rescue Training site are comparable to permitted uses within the White Lake PUD. iv. Type of vehicles associated with the use; Response: The types of vehicles associated with the proposed development are typical fire trucks, fire engines and regular vehicles. These are all very similar when compared to typical vehicles associated with industrial uses, such as semi-trucks and trailers. The average length of the “larger” fire trucks that are utilized are ±35-feet and semi-trucks/trailers have an average length of 53-feet. v. Number and type of required parking spaces; and Response: The proposed development will follow Collier County code requirements for parking associated with the use(s) on the property and there will also be spaces available both out and indoors to accommodate fleet storage/parking. Approximately 5 fire trucks will be housed in indoor facilities, and other vehicles and equipment will be stored both indoor warehouse facilities and outdoors with code compliant screening and buffering. A detailed parking analysis will be provided per CCLDC requirement at time of SDP submittal. The number and type of required parking spaces are similar in comparison to permitted uses within the Industrial Development Area of the PUD, such as Automotive Repair, Services and Parking (Major SIC Group 75) and Motor Freight Transportation and Warehousing (SIC 4212-4226). Page 4 of 6 3.C.d Packet Pg. 300 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) b.The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Response: The proposed development will have no greater negative impact on neighboring properties than that of other permitted uses in the White Lake PUD. Buffers will be erected as required by the Land Development Code. The GNFD development will be less intense compared to many of the industrial land uses permitted in the White Lake PUD, generating less noise, traffic, and waste than permitted uses including Heavy Construction (SIC Major Group 16) and Transportation Services (SIC 4731 and 4783). The proposed use is also an Essential Service, as defined by the Collier County Land Development Code. State criteria will further be followed to minimize potential effects of training exercises such as smoke and noise from controlled fires set in the 5-story training tower, which will be set on a cement slab. Please refer to the attached conceptual site plan document to see conforming buffers and outside storage elements in accordance with PUD Section 3.3. The proposed tower will be 5 stories in height, below the maximum height of 50 feet set forth in PUD Section 3.3.F. Any outdoors lighting or tower lighting will be consistent with the LDC, outdoors lighting will be necessary to facilitate evening and nighttime training. This lighting will not exceed that of nearby uses such as the sports facilities. c.The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Response: The proposed use is consistent with the GMP. The future land use designation is the Industrial District and allows for Essential Services. This use is comprised of essential services and permitted uses per PUD 3.2.A. d.The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Response: The subject properties are within the “Industrial Development Area” of the White Lake Industrial Corporate Park PUD. Per the Collier County Land Development Code, governmental facilities, including fire, are permitted within industrially zoned districts. Educational services (SIC 8243-8249) including vocational training and automotive repair, services, and parking (SIC Major Group 75) are permitted uses per PUD 3.2.A. making the use consistent with the PUD. e.Any additional relevant information as may be required by County Manager or Designee. Response: The subject land use being requested is a compatible land use when evaluating the surrounding area and properties. The subject site is adjacent to industrial land uses along the south and west, adjacent to a preserve along the east on the “Collier County 305” parcel and adjacent to retained native vegetation on the Collier County Sports Complex site to the north; refer to Attachment E- Surrounding Developments Exhibit. Preservation and water management areas will be included on the site to buffer against adjacent uses. Page 5 of 6 3.C.d Packet Pg. 301 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) To conclude, it is the petitioner’s position that SIC Code 9224 is comparable in nature with the existing, approved industrial land uses within the White Lake PUD, the use is consistent with the Future Land Use Designation and compatible with the surrounding area. Jessica Kluttz Planner Page 6 of 6 3.C.d Packet Pg. 302 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 303 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 304 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 305 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 name not yet approved T49, R26, S35 3.C.d Packet Pg. 306 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 03/04/2021 81790004746 & 81790004762 3.C.d Packet Pg. 307 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 308 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 309 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) AFFIDAVIT OF AUTHORIZATION I, (print name), as of The Greater Naples Fire Rescue District, an independent special district created under Chapter 2014-240, Laws of Florida and Operated pursuant to Chapter 191, Florida Statues swear or affirm under oath, that I am the (choose one): The owner X applicant ___ contract purchaser _ and that: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5.We/I authorize Davidson Engineering. Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6.Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7.Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.}, then the documents should typically be signed by the Company's "Managing Member." •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Printed Name J. Nolan Sapp Fire Chief STATE OF COUNTY OF SWORN TO and subscribed before me by means of physical presence or online notarization this ____ day of 2021, by ______________________________________. Such person(s) Notary Public must check applicable box: are personally known to me. produced her current driver license. produced as identification. (Notary Seal) Notary Public Printed Name of Notary: Commission Number: My Commission Expires: FLORIDA COLLIER X 15th June,J. Nolan Sapp x Tocia Hamlin-Rosa 3.C.d Packet Pg. 310 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) SHEARWATER ST4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET NO:REVISIONSDATEREV.DESCRIPTION08/05/2021LANDSCAPE BUFFERSCONCEPT PLAN 41"=50'SCALE:NGNFD SHEARWATER STTRAINING TOWER50' ZONED HEIGHT PER PUD.LEGENDATTACHMENT 'A'3.C.dPacket Pg. 311Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 312 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 3.C.d Packet Pg. 313 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) City Gate DR Brennan DRCity Gate BLVD N City Gate BLVD S Shearwater STPlover A V E Shaw BLVD Income LN§¨¦I-75Collier BLVDDavis BLVD Beck BLVD White L a k e B L V D §¨¦I-75 GNFD @ WHITE LAKE 3481/3485 Shearwater ST Naples, FL 34117 PROPOSED PARCELS - LOCATION MAP ¯ Z:\Proposals\Issued to Client\GNFD-SHEARWATER ST DD\06 - GIS\2021-02-23 PROPERTY LOCATION MAP.mxd Date Saved: 3/3/2021 PROJECT: NOTES: EXHIBIT DESC: 4365 RADIO ROAD SUITE 201 NAPLES, FL 34104 P: 239-434-6060 CLIENT: LOCATION: Legend PROPOSED PARCELS ±10.02 AC WHITE LAKE PUD BOUNDARY 0 1,250 2,500625 Feet Greater Naples Fire Rescue District 14575 Collier Blvd. Naples, FL 34119 3.C.d Packet Pg. 314 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) 2.A.2Packet Pg. 34Attachment: Master Space Planning - Presentation (9135 : Master Space Planning)NOTE: HIGHLIGHTED PARCELS, ALONG WITH THE COLLIER COUNTY SPORTS COMPLEX, REPRESENT "COLLIER COUNTY CORE CAMPUS #2". THESE PARCELS ARE PLANNED FOR DEVELOPMENT OF ESSENTIAL SERVICES.3.C.dPacket Pg. 315Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate CITY GATE DRIVE BRENNAN DRIVECITY GATE BOULEVARD NORTH CITY GATE BOULEVARD SOUTHCOLLIER BLVDWHITE L A K E B L V D SHEARWATER ST25th AVE SW 27th AVE SW 29th AVE SW 31st AVE SW GNFD @ WHITE LAKE 3481/3485 Shearwater ST Naples, FL 34117 GNFD - SURROUNDING DEVELOPMENTS ¯ Legend GNFD @ WHITE LAKE LOTS WHITE LAKE PUD CITY GATE PUD BOUNDARY CC 305 BOUNDARY CC GOBP BOUNDARY CC GG GOLF COURSE CC LANDFILL BOUNDARY FPL EASEMENT 170' Z:\Active Projects\G\GNFD-SHEARWATER ST\06- GIS\2020-03-19 GNFD SURROUNDING DEV.mxd Date Saved: 3/19/2021 PROJECT: NOTES: EXHIBIT DESC: 4365 RADIO ROAD SUITE 201 NAPLES, FL 34104 P: 239-434-6060 CLIENT: LOCATION: GOLDEN GATE GOLF COURSE COLLIER COUNTY RESOURCE RECOVERY BUSINESS PARK (PUD) COLLIER COUNTY 305 PARCEL COLLIER COUNTY LANDFILL CITY GATE COMMERCE PARK PUD 0 0.5 10.25 Miles GNFD @ WHITE LAKE LOTS Greater Naples Fire Rescue District 14575 Collier Blvd. Naples, FL 34119 INDUSTRIAL STORAGE MANUFACTURING PRESERVE 3.C.d Packet Pg. 316 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com Comparative Trip Generation Analysis LOCATION: 3481 & 3485 Shearwater St Section 35, Township 49 S, Range 26 E Collier County, Florida PREPARED FOR: Greater Naples Fire Rescue District 14575 Collier Blvd. Naples, FL 34119 PREPARED BY: Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, Florida 34104 March 10, 2021 ______________________________________________ Andrew Rath, P.E. License No. 73996 Company ID No. 9496 3.C.d Packet Pg. 317 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) Existing Conditions The roughly 10-acre property is currently undeveloped and sits at the north end of Shearwater St., which connects to White Lake Blvd to the south. The property is presently zoned PUD, where there are several uses permitted within the existing zoning document. The physical addresses are 3481 & 3485 Shearwater St., Naples, FL 34117. There is existing vehicular access via the cul-de-sac at the north end of Shearwater. Proposed Use The prospective property owner is planning to clear the site and construct a Fire & Rescue Station with Training Facilities. This would most closely be represented by Institute of Transportation Engineers (ITE) Land Use Classification (LUC) 575, Fire and Rescue Station, where the description reads as follows: A fire & rescue station is building that houses emergency services equipment, firefighting apparatus, and the individuals that provide emergency firefighting services. Other services sometimes offered thought the fire & rescue stations include emergency medical, hazardous materials, rescue, safety training, and fire prevention services. Permitted Uses There are several uses permitted within the existing PUD, some of which generate far more traffic than the proposed LUC 575. One use was selected for comparative purposes to demonstrate that the proposed use will be much less impactful from a trip generation standpoint than one of the already approved uses. The permitted use selected was United States Post Office LUC 732, where the description reads as follows: A United States post office is a federal building that contains service windows for mailing packages and letters, post office boxes, offices, sorting and distributing facilities for mail, and vehicle storage areas. Trip Generation Table 1: Summary of Site Trip Generation from the Proposed Use [Fire & Rescue Station (575)] Time Period Evaluation Criteria X PM Peak Hour Trip Generation Rate Calculated Traffic LUC 575 PM Peak Hour Per 1,000 sf 100 (T)= 0.48 (x)48 Trip generation rates are per the Institute of Transportation Engineers publication, Trip Generation Manual, 10th Edition. Table 2: Summary of Site Trip Generation from a Permitted Use [US Post Office (732)] Time Period Evaluation Criteria X PM Peak Hour Trip Generation Rate Calculated Traffic LUC 732 PM Peak Hour Per 1,000 sf 100 (T)= 11.21 (x)1,121 Conclusion: Per the ITE 10th Edition, the proposed use (LUC 575) will result in significantly less PM Peak Hour Trips than one of the already permitted uses (LUC 732) with the same size building (100,000 sf). This would be considered a net benefit to the surrounding roadway network capacity, with the PM Peak Hour Trips being less than 5% of the PM Peak Hour Trips generated by an already permitted use. 3.C.d Packet Pg. 318 Attachment: Attachment C - BackupPackageGNFD (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi-Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): _________________________________________________________________ Regarding the above subject petition number(s), ________________________________ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: _________________________________ Date: 9/10/2021 Signature: ______________________________ Applicant* Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. 3.C.e Packet Pg. 319 Attachment: Attachment D - HEX Hybrid Meeting Waiver (20190 : PL-20210000661 PCUD White Lake Corporate Park PUD GNFD)